Supreme Court raps Centre: At drop of hat, you take stand against non-BJP states

New Delhi, July 25

As Nagaland failed to implement one-third reservation for women in the 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 an extreme stand 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 of it?” a Bench led by Justice SK Kaul told Additional Solicitor General KM Nataraj, who represented the Centre. The BJP is a partner in the coalition government led by the Nationalist Democratic Progressive Party in Nagaland. The urban local body elections have been long overdue in the state where the last elections were held in 2004.

Noting that Nagaland was a state where women actively participated in every aspect of life, the Bench said the Centre could not preclude reservation from being extended to women in civic bodies by saying it did not apply to tribal areas. The Bench, however, clarified that it was not interfering with the customary laws of Nagaland.

“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 the People’s Union for Civil Liberties and others seeking 33 per cent quota for women in Nagaland in the local bodies’ elections. They had 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 elections to the urban local bodies 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 the urban local bodies under the Nagaland Municipal Act, 2001, asserting that it infringed upon the special rights of Nagaland guaranteed by Article 371A.

Your state govt violating constitution

You will take an extreme stand against state governments which may not be amenable to you. Your own state government is violating a constitutional scheme. — SC Bench