Today, On 23rd July, The Supreme Court praised Nagaland for conducting local body elections with a 33% women’s quota and subsequently closed the contempt case against the state government. The Bench, comprising Justices Surya Kant and Ujjal Bhuyan, acknowledged the state’s compliance with the court’s directive.
New Delhi: The Supreme Court closed the contempt of court proceedings against the State of Nagaland following the successful conduct of local body elections, which included a 33 percent reservation for women.
A Bench comprising Justices Surya Kant and Ujjal Bhuyan praised the elections, highlighting the commendable participation and success of women candidates.
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The Court noted,
“The Chief Secretary’s affidavit shows a record number of 198 women candidates participated, with 103 being elected,”
The Court ordered,
“The election process has been successfully completed. Consequently, the civil appeal is dismissed as infructuous, and the contempt proceedings are discharged,”
The elections took place on June 26 after a 20-year gap.
The Supreme Court addressing a case involving Nagaland’s non-compliance with previous orders to conduct local body elections with 33 percent seats reserved for women.
In earlier rulings, the Court mandated the reservation of one-third of the seats for women in these elections.
In July last year, the Court reiterated the necessity of implementing Constitutional provisions for women’s reservation in local bodies in Nagaland, criticizing both the State and Central governments for their inaction despite being part of the ruling National Democratic Alliance.
The matter has been ongoing, previously heard by Justice Sanjay Kishan Kaul’s Bench until his retirement in December 2023.
On April 17 last year, the Court requested responses from Nagaland Chief Minister Neiphiu Rio and the State’s Chief Secretary in a contempt application related to the case.
Previously, the Court stayed the Nagaland government‘s decision to cancel local body elections, following a petition by activist Rosemary Dzuvichu and the People’s Union for Civil Liberties (PUCL). The petition challenged a 2012 Nagaland State Assembly resolution exempting the State from implementing Part IX-A of the Constitution, which mandates women’s reservation.
In 2016, despite the Assembly withdrawing the resolution, the reservation was still not implemented.
In April 2022, the Supreme Court issued a final warning to the Nagaland government to explain its plan for implementing the reservation.
On March 14 last year, the State Election Commission informed the Court that elections would be held on May 16, following the State Assembly elections. However, on March 30, the notification cancelled due to opposition from tribal groups.
In April that year, the Bench questioned the State Advocate General about how women’s reservation would impact the customary rights of the Naga community, with Justice Kaul emphasizing that no State should be exempt from the Constitutional mandate.
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In May 2023, a Bench led by Justice Kaul expressed disappointment that the Chief Minister suggested maintaining the status quo.
Representing the State was Advocate General KN Balagopal, while Additional Solicitor General KM Nataraj represented the Union of India.
Senior Advocate Colin Gonsalves appeared for PUCL, with Advocates Sriram Parakkat and Mohamed Sadique TA representing the Central Nagaland Women Association, which opposed extending the reservation to women in local bodies.
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