SC grants opportunity to centre & Nagaland govt to provide reservation for women in ULBs

KOHIMA, Nagaland: Supreme Court of India has given another opportunity to the central and Nagaland Government to implement the constitutional provision that mandates reserving 33 per cent seats for women in the urban local bodies (ULBs).

Supreme Court bench, consisting of Justice SK Kaul and Sudhansu Dhulia, was presiding over the petition filed by the Peoples Union for Civil Liberties (PUCL) against the state government due to non-implementation of the 33 per cent reservation for women in Municipalities and town councils.

Earlier on March 14, the apex court in India directed the Nagaland Government to conduct ULB elections, and the State Election Commissioner scheduled the ULB elections for May 16. But the elections were cancelled when the state legislative assembly passed the Nagaland Municipal Act (Repeal Act) 2023 to repeal the Nagaland Municipal Act 2001. The move came after the protests of many tribal communities against giving reservations to women in state ULBs.

However, Supreme Court stayed the March 30 notification regarding the cancellation of the ULB election on April 5 and asked KM Natraj, Additional Solicitor General, to submit the opinion of the central government on this matter.

Naga organisations claimed that the provision that prescribes reservation for women in ULBs violates their customary law. They quoted article 371A, which protects the cultural, traditional and religious practices, land and other resources. Apart from that, 371A also exempts the state from the 73rd Constitutional Amendment Act that prescribes the establishment of municipalities.

An order passed by the apex court on April 17 reads, “In respect of the special provisions with respect of state of Nagaland under Article 371A of the Constitution of India, nothing has so far emerged to advance a plea that religious or social practices of Nagas or Naga Customary Law and Procedure denies the right of equality to women insofar as the participatory process is concerned in such elections.” Nagaland held its first civic body elections in 2004, three years after the passage of the Municipal Act in 2001. But the elections were held without any reservation for women.