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Centre not willing to implement Constitution: SC

Centre unwilling to implement Constitution: SC on Nagaland civic polls' women's quota delay.

According to the Supreme Court’s statement on the delay in quota for women in Nagaland civic elections, the centre is not willing to implement the constitution. The Center’s argument that the reserve system does not apply to tribal areas was found to be invalid by the court, which meant that the court ruled that the Centre cannot prevent reservations from being extended to women in civic bodies.

NEW DELHI — The Supreme Court of India stated on Tuesday that the central government is not willing to implement the Constitution. The court made this statement as it criticised both the government of Nagaland and the government of the centre for failing to carry out the constitutional mandate to provide a one-third reservation for women in elections for civic bodies in the state of Nagaland.

In light of the fact that Nagaland is a state in which women take an active part in every facet of life, a bench consisting of Justices S. K. Kaul and Sudhanshu Dhulia ruled that the Central Government cannot rule out the possibility of extending reservation to women in municipal bodies by claiming that the provision is not applicable to tribal areas.

“Why is it not being put into practise? What are you doing at the moment? You and I are of the same mind on politics as well. Your government is in charge. You cannot defend your actions by claiming that there is another option available within the state.

“There is a lack of willingness on the part of the central government to implement the Constitution. You comply with the smallest requests and launch legal challenges against the respective state governments. You are not permitted to bring any complaints to the attention of the state government in the event that a constitutional provision is violated. The bench asked Additional Solicitor General K M Nataraj, who was representing the Centre, what active role he had done to ensure that the constitutional framework was implemented.

The Nationalist Democratic Progressive Party (NDPP) currently serves as the head of state for Nagaland’s coalition government, in which the BJP participates alongside other political parties.

K. N. Balgopal, the Advocate General of Nagaland, stated at the beginning that the state government is eager to come up with a new law to please the court, and he requested some time to seek instructions from the state government. He argued that the state government is eager to satisfy the court.

The highest court in the state stated that it has provided the state government with a myriad of possibilities, but the latter has not taken advantage of any of them.

Nataraj argued in front of the court that a quota of 33 percent of positions in urban local governments has to be reserved for women in order to be in accordance with the Constitution.

The ASG responded that the circumstances in the state are not suitable for it at this time, when the bench questioned why then it was not being implemented.

Nataraj pleaded for some reasonable amount of time, stating that they would put an end to the situation once they had it.

According to the highest court, the Centre has been given a large number of opportunities, but it has not yet taken advantage of any of them.

“You will take a hard stance against state governments that might not be amenable to what you want,” the judge said. Your own state government is operating illegally in violation of the constitutional framework, but you have no intention of taking any action. The people sitting in the bench asked, “How can you wash your hands of it?”

When presenting on behalf of the petitioners, senior counsel Colin Gonsalves stated that women are willing to engage if they are encouraged to do so by the chief. He stated that those in positions of authority are making it difficult for women to participate.

Following this, the bench stated in its order that “Advocate General for Nagaland for the nth time seeks to assure the court that the constitutional scheme will not be violated and he needs time to speak to the relevant political dispensation that the only way forward is to implement the constitutional provision… ” The bench went on to rule that the constitutional system will not be violated.

“In light of the impassioned plea of the AG,” the court remarked, “we are inclined to give one last of the last opportunity.” “We are inclined to give one last of the last opportunity,”

The highest court in Nagaland made it clear that it was not going to interfere with the state’s traditional legal system when it issued its ruling.

“We are only able to say that whatever the customary laws of Nagaland may be, and taking into account the unique status of the state as outlined in Article 371A, they are in no way being altered or changed in any way. The educational opportunities, economic standing, and social standing of women in this state are among the best in the country. Therefore, it is of concern to us why there cannot be a reservation for women,” the statement read.

Earlier, the apex court had requested that the central government provide clarification on whether or not the constitutional scheme of a one-third reservation for women in municipal and town council elections can be violated by Nagaland. In that state, the assembly had passed a resolution to repeal the municipal act and resolved not to hold the elections to the urban local bodies (ULBs). The central government was asked to clarify whether or not the scheme can be violated by Nagaland.

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