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Synopsis

The Supreme Court of India today observed that women's reservation is based on the concept of affirmative action, as it ensures a minimal level of representation.

A bench of Justices SK Kaul and Sudhansu Dhulia 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.

"How can you try to get out of this provision..", the bench questioned the Nagaland AG and ASG KM Nataraj.

When a submission was made about the resistance in the state, the bench added, "We are aware of the special situation in Nagaland, but if there is a constitutional provision, how can we not order its implementation if someone approaches us for the same..".

ASG KM Nataraj, appearing for the Union of India also informed the bench that Naga customary laws were not codified, but Article 243T applied to the state.

Justice Kaul went on to reprimand the Centre and say, "So as the central government what are you going to do..dont wash your hands away.. They are saying they want to come up with a new law..".

When ASG Nataraj referring to the situation in Manipur and sought some time, a miffed Justice Kaul observed, "Lets not say what should have been done, the situation is so painful, I am restraining myself from saying something palpable..lets just do something so that one half of the population is represented.."

Conclusively, on the AG's assurance, court has 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 recorded while listing the plea for September 26, 2023.

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