The Supreme Court on Tuesday came down heavily on the Union of India and the State of Nagaland for not implementing 33 percent reservation to women in urban municipalities under Part-IXA of the Constitution.
The Bench led by Justice Sanjay Kishan Kaul gave ‘one last chance’ to both the Central and state governments to clear their stand on the matter.
The Bench said that the Centre and the state cannot shy away from their responsibility under the garb of special status of Nagaland.
The top court of the country further directed the Union government to ensure that the law of the land prevailed in the hill state, without affecting its personal and customary laws and also without affecting the Special Status of Nagaland.
It further directed the Union government to ensure that the rules and regulations being followed in the entire country were implemented in Nagaland also.
The Bench posted the matter for further hearing on September 26.
Earlier on May 18, the Supreme Court had reprimanded the Nagaland government, stating that if there was any customary law in the state that prevented women from getting reservation in urban local bodies, they won’t hesitate to declare it unconstitutional.
The Bench of Justice Sanjay Kishan Kaul and Justice Ahsanuddin Amanullah had granted time till July to the Union government and Nagaland to find a solution and report to the Court.
Earlier on March 14, the top court of the country had directed reservation for women in elections to urban local bodies.
Following the court order, the state government had cancelled polls to 36 town councils and three municipal councils on March 30. it and repealed the Nagaland Municipal Act, under which the elections were to be held.
An NGO Peoples Union for Civil Liberties (PUCL) moved the Supreme Court against the state government’s decision.
PUCL has been fighting the battle in Court since 2016 to get urban women their due right under the Constitution.
The Apex Court had issued notice of contempt against the Chief Minister, the Chief Secretary and individual tribal leaders as the state had claimed that the elections were scrapped due to lack of consensus among tribal leaders who boycotted the polls.