Supreme Court slams Centre for not implementing constitutional Reservation scheme for Nagaland Women, says “I refuse to let your hands off”

On July 25, 2023, the Supreme Court of India slammed the Union Government for not implementing the constitutional scheme of reservations (one-third) for women in the local bodies (municipal and town council elections) in the state of Nagaland. The matter was heard by a two-judge bench of the Supreme Court including Justice Sudhanshu Dhulia and Justice SK Kaul. The bench noted that “You have to be roped in… you are one political dispensation so it would be easier for you to actively participate.” During the court proceedings, Justice Kaul told Additional Solicitor General KM Nataraj that “Don’t make me say that the Central Government is not willing to implement the Constitution, because I’ll say it.” The Supreme Court bench further asked the Central Government why no more steps were taken by them to ensure the implementation of the constitutional scheme of reservations for women. The bench said “Why is it not being implemented? What are you doing?... Politically also you are on the same page. It is your Govt. in the State…” It 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 Constitutional provision and you do not want to say something.” In an argument with Nagaland Advocate General KN Balgopal, Justice Kaul asked “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.” He further added, “Nagaland is a state where the education, economic, and social status of women is among the best. That is why we cannot countenance why reservation for women cannot be implemented.”

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