On Tuesday, July 25, the Supreme Court called out the Centre for not taking action in the northeastern state of Nagaland to implement the constitutional scheme of 1/3rd reservation for women in municipal and town council elections. The Court observed that while the Centre takes ‘extreme stands’ against the governments of other states, it does nothing against state governments from its own party, in case of violation of the Constitution.
The matter was being heard by Justice SK Kaul and Justice Sudhanshu Dhulia. The bench noted that the Centre cannot wash its hands off the issue when the state and Centre are from the same party- the BJP. Justice Kaul expressed, ‘Do not make me say that the Central government is not willing to implement the Constitution, because I will say it.’
He further added, ‘I refuse to let your hands off. You take extreme stands against other state governments who are not amenable to you, but your own state government is violating a Constitutional provision, and you do not want to say something.’
It was in April 2023 that the apex court had asked the Centre to place, on record, whether the constitutional provision of reservation for women in local bodies under Article 243D applies to Nagaland, or if some exemption has been granted. While the Centre is yet to submit its affidavit on the same, the Additional Solicitor General, KM Nataraj, orally submitted that he had indicated on the previous occasion that the scheme does extend to Nagaland.
