SC asks Centre to respond to PIL seeking implementation of women’s reservation in Parliament

Describing women as the largest minority in the country, the Supreme Court on Monday asked the Centre to respond to a PIL seeking implementation of the Nari Shakti Vandan Act, 2023, which reserved one-third seats for women in the Lok Sabha, state Assemblies and Delhi Assembly, including those reserved for SCs and STs.

“Preamble (to the Constitution) says (all citizens are entitled to) political and social equality. Who is the largest minority in this country? It’s the woman — almost 48 per cent. This is about political equality of women,” a Bench of Justice BV Nagarathna and Justice R Mahadevan said, issuing notice to the Centre.

The order came after senior advocate Shobha Gupta submitted on behalf of petitioner Jaya Thakur that it was unfortunate that women had to move the top court for proper political representation after 75 years of independence.

Noting that enforcement of the law was the prerogative of the Executive and that no mandamus could be issued in these matters, Justice Nagarathna said, “Courts have limitations when interfering with such policy matters.”

“When is the delimitation exercise there? Serve it to the government,” the Bench said, issuing notice to the Government.

Passed by the Lok Sabha on September 20, 2023, and by the Rajya Sabha on September 21, 2023, the Constitution (106th Amendment) Act — which added Article 334A to the Constitution — received the President’s assent on September 28, 2023. The Act was notified thereafter on September 28, 2023.

According to Article 334A, reservation for women in the Lok Sabha and state legislative Assemblies will come into effect only after a delimitation exercise was carried out following the first census conducted after the amendment. The quota for women in the Lok Sabha and state Assemblies would continue for 15 years and Parliament can later extend it.

However, Thakur has sought implementation of the Act without waiting for a fresh delimitation exercise, saying the constitutional amendment cannot be put on hold for an indefinite period.