New Delhi, January 16: The Supreme Court of India has deferred the hearing of a pivotal plea concerning the implementation of the Constitution (One Hundred and Sixth Amendment) Act, 2023, which aims to introduce a one-third reservation for women in the Lok Sabha, state legislative assemblies, and the Delhi legislative assembly. This adjournment, set until February, comes despite the act receiving presidential assent from President Droupadi Murmu in September. The implementation awaits a delimitation exercise post the upcoming census.
The bench, comprising Justices Sanjiv Khanna and Dipankar Datta, is considering a public interest litigation (PIL) filed by Congress leader Jaya Thakur. Thakur’s petition argues that a constitutional amendment, once overwhelmingly supported and passed in a special session, should not be withheld.
Previously, the court had expressed reservations about directing the Union Government to implement this amendment before the 2024 general elections. The Supreme Court is concurrently hearing another PIL from 2021 by the National Federation of Indian Women (NFIW), which seeks the reintroduction of the women’s reservation bill. This bill, despite passing in the Rajya Sabha in 2010, lapsed with the dissolution of the 15th Lok Sabha as it was not presented in the lower house.
Justice Khanna’s bench had earlier criticized the central government for its unclear stance on women’s reservation, questioning the delay in responding to NFIW’s PIL. While the court refused to issue a notice in Thakur’s petition for immediate implementation of the women’s quota, it agreed to hear it alongside NFIW’s 2021 plea and another writ petition seeking the enforcement of the 33 percent quota for women lawmakers, to avoid multiple litigations.
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The hearing was adjourned as no counsel appeared for the official respondents. Justice Khanna, addressing Senior Advocate Vikas Singh, representing Thakur, stated,
“Mr Singh, we are not saying anything. Let them come. Some steps have been taken. But obviously…let them appear.”
The Constitution (One Hundred and Sixth Amendment) Act, 2023, endorsed by President Murmu, aims to reserve one-third of seats for women in key legislative bodies, including horizontal reservation for women from scheduled castes (SC) and scheduled tribes (ST) within the women’s quota. This amendment modifies Article 239AA (special provisions with respect to Delhi) and introduces Articles 330A, 332A, and 334A. Articles 330A and 332A propose a 33 percent reservation in the Lok Sabha and state legislative assemblies, respectively. Article 334A, with a sunset clause, states that this policy will end after 15 years and clarifies that the reservation will be implemented post-delimitation following the first census after the act’s enactment.
During the parliamentary debate, opposition leaders supported the bill but questioned the clause deferring its implementation, urging the government to forego the census and delimitation prerequisites. Last month, Congress leader Dr. Jaya Thakur filed a PIL seeking immediate implementation of the act, arguing that the delay in its enforcement, especially given its passage in a special session with broad support, is unjustified.
Thakur’s plea emphasizes the need for adequate representation of women in parliament and state legislatures, a demand pending for decades. The petition argues for the immediate implementation of the 33 percent women reservation, challenging the condition of waiting for post-census delimitation as ‘void-ab-initio’.
Case Details: Jaya Thakur v. Union of India & Anr. | Writ Petition (Civil) No. 1181 of 2023
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