The hearing on this issue has been a protracted one with the matter earlier being before the Bench of Justice Sanjay Kishan Kaul who retired in December 2023.
On April 17 last year, the Court had sought the response of Nagaland Chief Minister Neiphiu Rio and the State’s Chief Secretary in a contempt application filed in the case.
Prior to this, the Court had stayed the Nagaland government’s decision to cancel local body elections in the State.
That order of stay was passed on a petition moved by activist Rosemary Dzuvichu and the People’s Union for Civil Liberties (PUCL).
The two petitioners had challenged a resolution passed by the Nagaland State Assembly on September 22, 2012, which exempted the operation of Part IX-A of the Constitution, which mandates such reservation for women.
In 2016, the above resolution was withdrawn by the Nagaland Assembly, even though the reservation was yet to be implemented.
In April 2022, the Supreme Court warned that it was granting a final opportunity to the Nagaland government to report on how it proposes to implement the reservation.
On March 14 last year, the State Election commission had told the Court that the polls will be held on May 16, soon after the State assembly elections. However, on March 30 it cancelled the notification with regard to the same citing opposition from some tribal pressure groups.
In April that year, the bench asked the State Advocate General (AG) as to how granting reservation to women would affect any customary rights of the larger Naga community.
Justice Kaul had remarked that one State in the country cannot be allowed to be exempt from the Constitutional scheme.
In May 2023, a bench led by Justice Kaul had said that it expected the Chief Minister to show some restraint rather than say that status quo would continue.
Source: Barandbench
