The Supreme Court on Tuesday pulled up the Centre for not taking action in Nagaland to implement the constitutional scheme of one-third reservation for women in municipal and town council elections. The apex court  said that while the Central government takes ‘extreme stands’ against other state governments, it does nothing against its own state governments which violate the Constitution.

“Why is it [women’s reservation] not being implemented? What are you doing [in Nagaland]? Politically also you are on the same page. It is your government in the State. You take extreme stands against other state governments who are not amenable to you, but you do nothing against your state government,” Justice SK Kaul told the Additional Solicitor General, adding that the Union government “cannot wash its hands of the issue”.

A bench of Justices SK Kaul and Sudhansu Dhulia was hearing a contempt plea that alleged non-compliance with its order directing the Nagaland government and the State Election Commission (SEC) to hold local body elections with 33% reservation for women.

“Reservation is a concept of affirmative action. Women’s reservation is based on that. How do you get out of the constitutional provision? I do not understand this,” said Justice SK Kaul.

“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,” he added.

In his reply, the Nagaland Advocate General said that there were many women’s organisations that were also against women’s reservation.

Justice Kaul responded, “When a social change takes place it is the law that changes first.” “We have given you an extremely long rope. You gave an undertaking that you would do it, but backtracked… There is always resistance to change of status quo. But, someone has to take responsibility to change the status quo,” he further said.