The Supreme Court has expressed its reservations about immediately implementing a part of the Women’s Reservation Bill that mandates a third of legislative seats be reserved for women. During a hearing, the bench, consisting of Justices Sanjiv Khanna and SVN Bhatti, addressed a public interest litigation (PIL) filed by Congress leader Jaya Thakur, which argued that a constitutional amendment passed with significant support should not be delayed.
Senior Advocate Vikas Singh, representing Thakur, argued against the necessity of a census before introducing the quota, stating,
“But, what has the census got to do with the women’s reservation bill?”
He contended that the clause deferring the bill’s implementation should be considered arbitrary and struck down. However, Justice Khanna responded,
“It will be very difficult for us to do that. We’ll be virtually legislating then,”
indicating the court’s reluctance to take such a step.
The bench also acknowledged a pending matter from 2021 by the National Federation of Indian Women (NFIW), which seeks the reintroduction of the Women’s Reservation Bill, passed by the Rajya Sabha in 2010 but lapsed after the dissolution of the 15th Lok Sabha. Previously, the court had criticized the central government for not clarifying its stance on the issue, with Justice Khanna stating,
“You have not filed a reply. Why are you shying away? Why have you not filed a reply? Say you want to implement it, or not. It’s too important an issue to be thrown on the backburner. It’s too important. It concerns all of us.”
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While refusing to issue notice in Thakur’s petition, the court agreed to hear it alongside NFIW’s plea. Justice Khanna noted,
“We have understood your argument. You’re saying census is not required. But there are a lot of issues. Seats will have to be first reserved…”
The Constitution (One Hundred and Sixth Amendment) Act, 2023, which President Droupadi Murmu recently assented to, will reserve one-third of seats for women in the Lok Sabha and state legislatures after a delimitation exercise post the next census. The amendment also introduces horizontal reservations for women from scheduled castes and tribes within the women’s quota.
During the legislative debate, opposition leaders supported the bill but questioned the clause deferring its implementation, urging the government to bypass the census and delimitation requirements. Thakur’s plea echoes this sentiment, seeking immediate action on the constitutional amendment for women’s representation, which has been a longstanding demand.
The case, Jaya Thakur v. Union of India & Anr., is set to be heard on November 22, as the court navigates the complexities of implementing a significant constitutional amendment aimed at enhancing women’s representation in Indian politics.
