"Same party ruling Centre, State": Supreme Court pulls up Nagaland, Union government for not providing reservation for women in local bodies

The Supreme Court on Tuesday reiterated that Constitutional provisions of reservation for women in local bodies must be implemented in Nagaland, while criticising both the Nagaland government and the Central government for failing to take steps to implement the same. .A bench of Justices Sanjay Kishan Kaul and Sudhanshu Dhulia noted that the same party (Bharatiya Janata Party/ National Democratic Alliance) was in power both in the State and at the Centre and questioned why the Union government was not doing more."Do not make us say Central government is hesitant. What role have you played where a Constitutional Provision is not being enforced? We cannot let you wash your hands off. In other cases, where you are not amenable with the State government you have acted ... But here it is the same party (BJP) as the Central government. What is the Central government going to do now? We will not let you wash your hands off,” Justice Kaul said.This was after Additional Solicitor General (ASG) KM Nataraj said that the Union government's stand is that women's reservation has to be implemented in the State.The Court also said that in India, laws often precede social reform and cited the example of how law ended polygamy among Hindus. "In our country law comes before social change; law gives it the impetus. Do you think all Hindu men would otherwise easily agree to have one wife; would people give equal property share to daughters? Constitution provides for equality for all... We have to enforce the Constitution also. You said you will do it in undertaking, then backtracked. 14 years (pendency) is like a life sentence,” Justice Kaul said.The Supreme Court was hearing a case concerning the non-compliance with its earlier directions to hold local body polls in Nagaland after ensuring that 33 percent of the seats are reserved for women.The Court proceeded to give one last opportunity to the Nagaland government to implement reservations for women in local bodies of the State."Learned Advocate General for the nth time seeks to assure the Court that the constitutional scheme will not be violated and he needs some time to impress upon the relevant political dispensation that the only way forward is to determine the mandate of the Constitution of having at least 1/3rd reservation of municipalities ... In view of the impassioned plea of the learned Advocate General we give him one last of the last opportunities. We may only state that the personal laws of Nagaland and even the special status under Article 371A(1) of the Constitution is not being touched in any manner. This is a state where education, economic participation and social status of women is one of the best. Thus our concern is as to why something as simple as giving them at least the 1/3rd representation in municipal governance should not be welcomed and action should not be taken in that behalf,” the Court observed in its order.With this, the matter was adjourned till September 28..During the hearing today Justice Kaul questioned Nagaland Advocate General (AG) KN Balgopal on whether the State could contend that reservation for women did not apply to tribal areas."Where is it written women cannot have a say? Where in customary law does it say women cannot participate? Reservation will only ensure minimum participation,” Justice Kaul said..The bench also said that unlike the prevailing situation in Manipur, Nagaland was better placed in terms of peace."Let others not tell who should do what. For the judiciary, this (case) has been painful,” the Court added.As the hearing drew to a close, Justice Kaul orally suggested to the AG that the Nagaland Assembly should be convened as soon as possible to introduce and pass a new bill to implement reservation for women..The hearing on this issue has been a protracted one.On April 17, the Court had sought the response of Nagaland Chief Minister Neiphiu Rio and the State's Chief Secretary in a contempt application filed in the case.Prior to this, the Court had stayed the Nagaland government's decision to cancel local body elections in the State with 33 per cent reservation for women.This April 5 order of stay was passed on a petition moved by activist Rosemary Dzuvichu and the People's Union for Civil Liberties (PUCL).The two petitioners had challenged a resolution passed by the Nagaland State Assembly on September 22, 2012, which exempted the operation of Part IX-A of the Constitution, which mandates such reservation for women.In 2016, the above resolution was withdrawn by the Nagaland Assembly, even though the reservation was yet to be implemented.In April 2022, the Supreme Court warned that it was granting a final opportunity to the Nagaland government to report on how it proposes to implement the reservation.On March 14 this year, the SEC had told the Court that the polls will be held on May 16, soon after the State assembly elections. However, on March 30 it cancelled the notification with regard to the same citing opposition from some tribal pressure groups.In April, the bench asked the AG on how granting reservation to women would affect any customary rights of the larger Naga community.Justice Kaul had further remarked that one State in the country cannot be allowed to be exempt from the Constitutional scheme.In May, a bench led by Justice Kaul had said that it expected the Chief Minister to show some restraint rather than say that status quo would continue.The Court was also critical of the AG's submissions that the State cannot compel tribal groups opposing the move to step back.Senior Advocate Colin Gonsalves appeared for PUCL today. Advocates Sriram Parakkat and Mohamed Sadique TA represented the Nagaland Central Nagaland Women Association, which is against extending the benefit of reservation to women in local bodies..[Follow our live-coverage of today's hearing].[Read order]