The Supreme Court, on Tuesday, criticized the Union Government for failing to take action in the State of Nagaland to implement the constitutional scheme of one-third reservation for women in municipal and town council elections.

A Bench comprising Justice SK Kaul and Justice Sudhanshu Dhulia expressed its disappointment with the Central Government, stating that it takes strong stands against other State Governments but does nothing when its own State governments violate the Constitution.

Justice Kaul emphasized that the Central Government cannot ignore the issue, especially when the political dispensation in the State aligns with that at the Centre. He stated, "You have to be roped in... You are one political dispensation, so it would be easier for you to actively participate."

The Court had previously asked the Centre to clarify whether the constitutional scheme of reservation for women applies to Nagaland or if any exemptions have been granted to the State. However, the Union Government is yet to file an affidavit. The Court expressed concern over the delay and lack of willingness in implementing the constitutional provision.

Justice Kaul questioned the government's reluctance to implement the reservation, especially when they share political alignment with the State Government. He firmly stated that he refuses to let the Central Government off the hook and criticized them for not taking action on a constitutional mandate.

The Advocate General for the State of Nagaland sought more time to resolve the issue, explaining that the government has initiated a legislative exercise. The Court granted him the last opportunity to impress upon the relevant political dispensation to implement the one-third reservation for women in municipalities.

Justice Kaul emphasized the importance of reservation as a means of affirmative action to ensure adequate representation. He could not comprehend how the State could avoid implementing such a provision in the Constitution.

The Advocate General cited resistance from certain tribal bodies that were boycotting elections as an obstacle to holding elections with women's reservation. However, Justice Kaul asserted that it is the duty of the State Government to uphold the Constitution's mandate, regardless of any opposition.

Justice Kaul further pointed out that social progress often requires laws to initiate change and improve the status quo. He urged the State to take the initiative to bring about positive change, emphasizing the significance of women's representation.

In its final ruling, the Bench made it clear that the Central Government cannot evade responsibility and must act promptly, given the alignment of political dispensations at the State and Centre levels. The Court granted the State the final opportunity to implement the women's reservation in municipal and town council elections.

Case Title: People Union For Civil Liberties (PUCL) v. The State of Nagaland| Civil Appeal No.3607/2016