‘Central government not willing to implement Constitution’: SC

New Delhi, July 25

As Nagaland failed to implement one-third reservation for women in civic body elections, the Supreme Court on Tuesday rapped the Centre and the state government for being unwilling to implement the Constitution.

“You will take extreme stands against state governments which may not be amenable to you. Your own state government is violating the constitutional scheme and you don’t want to do anything. How can you wash your hands off it?” a Bench led by Justice S K Kaul told Additional Solicitor General KM Nataraj, who represented the Centre.

BJP is a partner in the coalition government led by the Nationalist Democratic Progressive Party (NDPP) in Nagaland. Urban local bodies’ elections have been long overdue in the state where the last polls were held in 2004.

Noting that Nagaland was a state where women actively participated in every aspect of life, the Bench said the Centre cannot preclude reservation from being extended to women in civic bodies by saying it doesn’t apply to tribal areas.

“Why is it not being implemented? What are you doing? Politically also, you are on the same page. It’s your government. You cannot get away by saying that there is some other (party) in the state.

“Don’t make me say that the central government is not willing to implement the Constitution… At the slightest behest, you take action against state governments. Where a constitutional provision is not being followed you don’t say anything to the state government. What active role have you played to see the constitutional scheme implemented?” it asked Nataraj.

The Bench, however, clarified that it was not interfering with the customary laws of Nagaland.

“We may only say that whatever are the customary laws of Nagaland and given the special status of the State under Article 371A, are not being touched in any manner. This is a state where education, economic and social status of women is among the best. Thus our concern is why reservation for women can’t be implemented,” it noted.

The top court was hearing a petition by Peoples Union for Civil Liberties (PUCL) and others seeking a 33 per cent quota for women in Nagaland in the local bodies’ elections. They have moved the top court against the cancellation of the elections and wanted contempt action against the state for “disobeying” its order.

The top court had on April 5 stayed the March 30 notification cancelling till further orders the election to the ULBs in Nagaland which were scheduled for May 16 after almost two decades.

The Nagaland assembly had passed a resolution to repeal the municipal act and resolved not to hold the elections after Naga tribal bodies and civil society organisations opposed elections to urban local bodies under the Nagaland Municipal Act 2001, asserting it infringed the special rights for Nagaland guaranteed by Article 371-A of the Constitution.

Nagaland Advocate General KN Balgopal told the Bench that the state government was keen to come up with a new law to satisfy the court, and sought time to seek instructions from the state government.

The Bench said it has given numerous opportunities to the state government which has done nothing.

The Bench gave one ‘last of the last opportunities’ to the Nagaland Government after Balgopal assured that the constitutional scheme will not be violated and sought time to convey to political dispensation that the only way forward was to implement the constitutional provision.

Nataraj said 33 per cent quota should indeed be provided to women in urban local bodies in conformity with the Constitution.

As the Bench asked why it was not being implemented, the ASG said the situation in the state was not conducive for it. “Give us some reasonable time and we will have a quietus to the entire situation,” Nataraj said.

The top court said the Centre has been afforded umpteen opportunities but it has not done anything yet.

On behalf of the petitioners, senior advocate Colin Gonsalves said women were willing to participate, if the chief encouraged them. He said participation of women is being obstructed by those in power.