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Home/Anthropology/Mains PYQ/2026/Paper II/Tribal Development, Policy & Safeguards
UPSC MainsAnthropology Optional Paper II 2026 10 Marks Model Answer Available

Article 371A of the Indian Constitution — 2026 Paper II

Question · 2026 · Paper II · 10 Marks

Article 371A of the Indian Constitution.

Model Answer

VAID ICS
Approach

• Demand of Question: Explain the constitutional content and anthropological significance of Article 371A for Nagaland, with attention to customary law, land/resources, legal pluralism and the tension between group autonomy and individual constitutional rights.

• Structuring the Response: State the four protected domains exactly; note that Parliamentary laws on them require a Nagaland Legislative Assembly resolution; briefly add the historical special responsibility of the Governor; then interpret legal pluralism, communal tenure and contemporary rights/development tensions.

• Key Dimensions to Cover: Constitution (Thirteenth Amendment) Act, 1962; religious/social practices; customary law/procedure; customary civil/criminal justice; land/resources; Assembly resolution; legal pluralism; communal tenure; gender/individual rights and resource governance.

Model Answer

Introduction: Inserted by the Constitution (Thirteenth Amendment) Act, 1962, Article 371A gives Nagaland a distinctive form of asymmetric federalism. Its central purpose is to accommodate Naga historical institutions within the Union by constitutionally protecting key domains of customary social life.

Four protected domains under Article 371A(1)(a)

  1. Religious or social practices of the Nagas: Parliamentary legislation on these matters does not automatically apply in Nagaland.
  2. Naga customary law and procedure: Customary norms retain constitutional space alongside statutory law.
  3. Administration of civil and criminal justice involving decisions according to Naga customary law: This provides a basis for legally recognized pluralism in dispute settlement.
  4. Ownership and transfer of land and its resources: The provision gives special constitutional weight to Naga systems of land/resource tenure, many of which are village-, clan- or community-centred.

In each of these domains, an Act of Parliament applies only if the Nagaland Legislative Assembly resolves that it should. Article 371A also historically gives the Governor a special responsibility concerning law and order under specified conditions.

Anthropological significance and tensions

  • Legal pluralism: The Constitution recognizes that legitimate normative orders can include customary institutions rather than a single uniform legal code.
  • Territory and identity: Land is not merely a commodity; it is connected with lineage, village citizenship, resource rights and ancestral history.
  • Autonomy vs individual rights: Questions of women's representation/inheritance and equality can generate tension between customary group authority and fundamental-rights claims.
  • Development/resource governance: Oil, minerals and infrastructure raise difficult issues over the scope of community ownership, state regulation and Assembly decisions.

Conclusion: Article 371A is an institutional bridge between cultural autonomy and constitutional citizenship. Its success depends on preserving customary legitimacy while allowing democratic deliberation within Naga society over changing claims of equality, resources and development.

2026 Write an account on the contribution of Verrier Elwin in developing policies for the tribal populations in post-independent India. 2026 Discuss the impact of democratic institutions on the tribal populations of India. 2026 Write an account on Development Action Plan for Scheduled Tribes (DAPST). 2026 What are the provisions given in the Constitution of India for the safeguard of the Scheduled Caste populations?

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UPSC Anthropology Optional 2026 — Paper II

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