SC notice to Centre on plea seeking women’s reservation in Parliament

The Supreme Court on Monday issued a notice to the Centre on a PIL filed by Congress leader Jaya Thakur, urging the immediate implementation of the law providing 33 per cent reservation for women in Lok Sabha and state legislative assemblies.

A bench of Justice B V Nagarathna and Justice R Mahadevan sought the government’s response to the public interest litigation (PIL), which sought to enforce the Women’s Reservation Act without waiting for a fresh delimitation exercise.

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During the hearing, Justice Nagarathna observed, “The Preamble (to the Constitution of India) says all citizens are entitled to political and social equality. Who is the largest minority in this country? It is the woman — almost 48 percent. This is about ensuring political equality for women.”

Appearing for Thakur, senior advocate Shobha Gupta told the court that even after 75 years of Independence, it was unfortunate that women had to approach the judiciary to secure adequate representation in legislatures.

Responding to her submission, the bench remarked, “When is the delimitation exercise scheduled? Serve it to the government… Enforcement of the law lies with the executive, and we cannot issue a mandamus. Issue notice to respondents. Let the central agency be served.”

The plea challenges the provision that links implementation of the reservation to the completion of a census and subsequent delimitation, arguing that this requirement is unnecessary and should be struck down to allow its immediate enforcement.

The ‘Nari Shakti Vandan Adhiniyam’, as the women’s reservation law is known, received the President’s assent on September 28, 2023, following its passage in a special session of Parliament.

Thakur, who serves as the general secretary of the Madhya Pradesh women’s wing of the Congress, has sought the operationalisation of the law that mandates one-third of all seats in Parliament and State Assemblies to be reserved for women.

She had first approached the Supreme Court in 2023, requesting that the reservation be implemented before the 2024 general elections. However, the Court had at that time declined to entertain her plea.