Customs and Law: Legal and Judicial Challenges in Naga Customary Law

Abstract

The State of Nagaland, after being carved out of Assam, Article 371A was inserted in the Constitution of India with a unique degree of customary autonomy. Laws, therefore, were enacted to align with the customs and usages of the tribes and administered justice as per customary law. With the progress of society and the influence of universal legal principles, the customary law in many fields has become obsolete and inconsistent with the fundamental laws. Thus, numerous issues require pragmatic judicial and legal examination in the interface of customary law and statutory laws. While Article 371A emerged as a result of a political settlement incorporated within the Constitutional framework through an amendment to the Constitution of India, it does not constitute an entrenched clause. Furthermore, the powers of the state are derived from Article 371A and other constitutional provisions, thereby subjecting state actions to judicial review. This paper explores how judicial intervention has influenced contemporary issues within Naga society in light of modern developments and socio-legal progress.