In a significant development, the Supreme Court has acknowledged women as the "largest minority" in India while hearing a Public Interest Litigation (PIL) seeking immediate implementation of the women's reservation law. The bench, comprising Justices B.V. Nagarathna and R. Mahadevan, issued a notice to the Central government, seeking its response on the matter.
The PIL, filed by Congress leader Jaya Thakur, challenges the provisions of the Nari Shakti Vandan Adhiniyam, 2023, also known as the Women's Reservation Act, which mandates reserving one-third of the seats in the Lok Sabha, state legislative assemblies, and the Delhi Assembly for women. However, the implementation of this act is tied to the next delimitation exercise, which will be carried out after the first census post-enactment. Thakur's plea seeks the enforcement of the Nari Shakti Vandan Adhiniyam (Women's Reservation Act) without waiting for a fresh census and delimitation exercise. The petitioner argues that this condition delays the realization of women's adequate political participation.
During the hearing, Justice Nagarathna emphasized the need for political equality for women, stating that the Preamble to the Constitution promises social and political equality to all citizens. She pointed out that women constitute almost 48% of the population, making them the "largest minority" in the country. Justice Nagarathna also observed that women's presence in Parliament is steadily receding.
Senior Advocate Shobha Gupta, representing Thakur, argued that even after 75 years of independence, women are compelled to approach courts to seek their rightful political space. She contended that the reservation of one-third of the total seats is based on data and urged the court to declare the proviso linking reservation to delimitation as void.
The court acknowledged the limitations of judicial intervention in policy matters, stating that the enforcement of law falls under the purview of the executive. However, it sought the Central government's response on the plea, recognizing the importance of the issue. The Supreme Court has asked the government when it proposes to have the delimitation exercise.
The Nari Shakti Vandan Adhiniyam, 2023, was passed by the Lok Sabha and Rajya Sabha in September 2023 and received presidential assent later that month. The act inserted Article 334A into the Constitution, providing for one-third reservation for women. However, the implementation is contingent upon the completion of the next delimitation exercise based on the first census conducted after the amendment.
The current petition was initially filed in 2023 seeking implementation before the 2024 general elections but was re-filed in 2025. The Supreme Court's notice to the Centre has set the stage for a crucial debate on the timeline and modalities of implementing women's political reservation in India. The court has asked the central government, all states, and union territories to respond within four weeks. The Supreme Court will review the responses from the Centre and states before taking the next step in the matter.
