New Delhi: The Supreme Court has requested the Central government's response to a Public Interest Litigation (PIL) seeking the immediate implementation of the women's reservation law, also known as the Nari Shakti Vandan Adhiniyam 2023. This law mandates that one-third of seats in the Lok Sabha, state legislative assemblies, and the Delhi Assembly be reserved for women.
The request came from a bench of Justices B.V. Nagarathna and R. Mahadevan, who were hearing a plea filed by Congress leader Jaya Thakur. The court orally observed that women constitute the largest minority in the country, comprising almost 48% of the population, and emphasized that the matter concerns the political equality of women. The court issued a notice to the Centre, seeking its response to the plea.
Thakur's petition advocates for the implementation of the Women's Reservation Bill 2024 without waiting for a fresh delimitation exercise. Senior Advocate Shobha Gupta, representing Thakur, argued that it is unfortunate that women have to approach the court for representation even after 75 years of independence. She emphasized that the reservation requires only one-third of the total seats to be reserved based on existing data.
The Supreme Court acknowledged the limitations of judicial intervention in policy matters, with Justice Nagarathna stating that the enforcement of law is the responsibility of the executive branch. However, the court also questioned the timeline for the delimitation exercise and directed that the notice be served to the government.
The Women's Reservation Bill was passed by the Lok Sabha on September 20, 2023, and by the Rajya Sabha on September 21, 2023. It received presidential assent on September 28, 2023, and was subsequently notified on the same day. The Act introduced Article 334A to the Constitution, stipulating that the reservation for women in the Lok Sabha and state legislative assemblies would take effect only after a delimitation exercise based on the first census conducted after the amendment. The reservation is slated to last for 15 years, with the possibility of extension by the Parliament.
Thakur's plea challenges the stipulation that the Act's implementation hinges on the delimitation exercise, seeking the deletion of the relevant clause in Article 334A. The petition asserts that delaying the implementation of the 33% women's reservation is unwarranted. It emphasizes the necessity of representation from all segments of society in the democratic process and highlights the historical underrepresentation of women in Parliament and state legislatures. The petitioner argues that the current condition for implementation renders the Act ineffective and requests its immediate enforcement.
