'You take extreme stands against States not amenable to you': SC slams Centre on non-implementation 33% women quota in Nagaland

The Supreme Court Tuesday slammed the Union government for failing to act in BJP ruled States, in connection with implementing 33 per cent reservation to women in urban municipalities in Nagaland, saying, “you take extreme stands against States that are not amenable to you, but do nothing against own state governments".

The top court also emphasised that the Centre cannot “wash-off its hand” from the Nagaland women reservation matter.

As the Centre’s counsel referred to the prevalent situation in the north-east, a bench led by Justice Sanjay Kishan Kaul said, “As far as the judiciary is concerned, what has happened is very painful. Let us not tell who should have done what and what should have been done”.

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The bench, also comprising Justice Sudhanshu Dhulia, told Additional Solicitor General K M Nataraj, appearing for the Centre, “You cannot say that politically you are not on the same page. It is your government, you can’t get away……don’t make us say the central government is not willing to implement the Constitution, we will say it, we have no difficulty”.

The bench asked him what active role the Centre has played to oversee a constitutional scheme implemented by Nagaland.

As Nataraj sought to defend the Centre, the bench said, “We refuse to let you wash your hands off… You will take an extreme stance against state governments not amenable to you".

Nataraj asked the court to give some reasonable time to the Nagaland government in the matter.

The bench told told Nataraj the matter is that about one-half of the society getting at least one-third representation in political governance at the municipal levels, not even at the state level.

The bench said Nagaland is faring better than the neighbouring states which are facing problems.

“Part of the Naga population is in Manipur,” the bench said, adding the Nagaland government gave an assurance to the court and then backed out of it.

The bench further pointed out that the state’s Advocate General for eight time sought to assure the court that the constitutional scheme will not be violated and need some time to impress upon the political dispensation that only way forward is to implement the mandate of the Constitution, that is granting one-third reservation to women in municipalities.

The court noted that the political dispensation in the state is aligned with the political dispensation at the Centre.

After a detailed hearing in the matter, the top court gave the final opportunity to the Nagaland government and fixed the matter for further hearing at the end of September.

During the hearing, the bench asked Nagaland government, "Is there any provision against reservation for women? Why resistance to participation of women when in all walks of life, they are equally involved?"

Advocate General of Nagaland said there are women organisations which say that they do not want reservation and this is not a small number, and also these are educated women.

The bench said when a social change takes place it is the law that changes first, and there is always resistance to the status quo but somebody has to take the initiative.

On April 17, hearing a plea by the PUCL, the top court directed Centre’s counsel to “place the stand of the Union of India whether the constitutional scheme of 1/3rd reservation for Municipalities and Town Councils, in the opinion of the Central Government can be violated by the process so adopted by the Nagaland Government”.