Today, On 10th January, The Supreme Court dismissed PILs challenging the Women’s Reservation Bill, stating there was no violation of fundamental rights, including Article 14. The petitions questioned the Bill’s constitutional validity and its deferment due to the delimitation clause. The Court clarified that Article 32 jurisdiction cannot be invoked in this case. This decision reaffirms the legislative process for implementing women’s political representation in India.
New Delhi: The Supreme Court dismissed two Public Interest Litigations (PILs) related to the implementation of the Constitution (One Hundred and Sixth Amendment) Act, 2023, and the challenge to its delimitation clause.
The Court stated that there is no violation of fundamental rights, including Article 14, and therefore, it will not consider the case under Article 32 jurisdiction.
The Supreme Court on Friday declined to review petitions challenging the delimitation clause in the 2023 Nari Shakti Vandan Act, which reserves one-third of seats for women in the Lok Sabha and state assemblies.
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A bench comprising Justices Bela M. Trivedi and P.B. Varale was not inclined to consider the petitions filed by Jaya Thakur and the National Federation of Indian Women (NFIW) under Article 32 of the Constitution.
The bench noted that Thakur’s petition aimed to challenge the bill that had become the Act, while the NFIW challenged the delimitation clause.
Thakur’s plea was dismissed as moot, and the Court suggested that the NFIW could approach the high court or another appropriate forum instead. The NFIW questioned the constitutional validity of Article 334A (1) or Clause 5 of the 2023 Act, which made the delimitation of constituencies a prerequisite for implementing the Act.
During a hearing on November 3, 2023, the Supreme Court remarked that “it would be very difficult to strike down any part of the women’s reservation law, which is set to take effect after the next census”.
The Court refused to issue a notice regarding Thakur’s plea and instructed her counsel to provide a copy to the lawyer representing the Centre.
On September 21, 2023, the landmark bill to reserve one-third of seats in the Lok Sabha and state assemblies for women received parliamentary approval. The constitutional amendment was passed with near-unanimous support in the Lok Sabha and unanimously in the Rajya Sabha.
Implementation of the law will take time, as it depends on the upcoming census and subsequent delimitation to determine the specific seats allocated for women. The quota for women in the Lok Sabha and state assemblies is set for 15 years, with the possibility of extension by Parliament.
While there is a quota within the quota for women from scheduled castes and scheduled tribes, the opposition has called for the benefits to be extended to other backward classes. Efforts to pass this bill have been ongoing since 1996, with the last attempt in 2010 when the Rajya Sabha approved a bill for women’s reservation, but it was not passed in the Lok Sabha.
Current data indicates that women make up nearly 15% of the Lok Sabha, while their representation is below 10% in many state assemblies. President Droupadi Murmu granted her assent to the bill on September 29, 2023.
Case Details: DR. JAYA THAKUR v. UNION OF INDIA AND ANR., W.P.(C) No. 1181/2023 & NATIONAL FEDERATION OF INDIAN WOMEN (NFIW) v. UNION OF INDIA., W.P.(C) No. 41/2024
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