[Nagaland local body elections] Supreme Court told state assembly passes bill retaining 33% reservation for women, rules to be framed soon

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Synopsis

Justice Kaul further questioned the resistance from the state and said, "Why this resistance when women are equally involved in all walks of life".

The Supreme Court today recorded the submission made on behalf of Nagaland government that a new bill had been approved by the assembly on 33% women reservation in the local bodies.

"Rules are being framed...Will be done in a month", Advocate General KN Balgopal told a division bench led by Justice SK Kaul.

"We will keep it on another date, while we record your statement", a bench also consisting of Justices Sudhanshu Dhulia and Ahsanuddin Amanullah replied.

Recently, the Supreme Court of India while hearing the instant case had observed that women's reservation is based on the concept of affirmative action, as it ensures a minimal level of representation.

A division bench had made this observation while hearing a plea filed by PUCL challenging a resolution passed by the Nagaland Assembly exempting operation of Part IX-A of the Indian Constitution which enforces 33% women reservation in the local bodies.

Conclusively, on the AG's assurance, court had allowed the state some more time to implement the reservation.

"The AG for the nth time tell us that the constitutional mandate will be preserved. We are told that a new amendment shall be introduced. We want to tell the ASG that the Centre cannot wash its hands..the political dispensation in the state should be in line with the centre. To give them last of the last opportunity, we allow them some time..list on so and so date. We may only say that personal laws of Nagaland and given their special status is not touched in any manner. This is a state where education, economic participation and social status of women is among the best, thus our concern as to why their one third reservation in municipal governance should not be a welcome step...", the Court had recorded.

Last year, the Top Court had directed the Nagaland State Election Commission and the State to conduct the local body elections and declare the result by the end of January 2023. Court has further directed that a report in this regard be filed by the second week of February 2023.

Earlier the court had slammed the State Government of Nagaland for non-implementation of the notification for 33% reservation for women. Court asked the State Election Commission to file an affidavit informing the bench about the exact date when the Election will be notified.

Case Title: PUCL vs. State of Nagaland