LI Network
Published on: November 03, 2023 at 15:32 IST
The Supreme Court has expressed reservations about compelling the Indian government to promptly enforce the Constitution (One Hundred and Sixth Amendment) Act, 2023, which proposes to introduce women’s reservation in the Lok Sabha, state legislatures’ upper houses, and the Delhi legislative assembly, ahead of the 2024 general elections.
While President Droupadi Murmu signed the constitutional amendment into law in September, it will only take effect after a delimitation exercise conducted following the next census.
A bench comprising Justices Sanjiv Khanna and SVN Bhatti was considering a public interest litigation (PIL) petition filed by Congress leader Jaya Thakur. Thakur argued that a constitutional amendment passed with substantial support during a special session should not be delayed.
Senior Advocate Vikas Singh, representing the petitioner, contended that while a census was necessary before introducing quotas for backward classes, it was wholly unnecessary for reserving seats for women in legislatures. He questioned the clause deferring the amendment’s implementation, suggesting that it should be struck down as arbitrary.
However, the bench expressed reluctance to strike down the contested clause, citing the difficulty of doing so without legislative action. Justice Khanna remarked that the issue had already been examined in a prior case.
Singh pointed out a pending matter concerning the National Federation of Indian Women (NFIW), which is currently being heard by the Supreme Court.
In this case, the organization has requested the reintroduction of the women’s reservation bill, which lapsed after the dissolution of the 15th Lok Sabha despite being passed by the Rajya Sabha in 2010.
The bench had previously questioned the government’s stance on this issue, noting its importance during an August hearing.
The Supreme Court declined to issue notice in Thakur’s petition but agreed to hear it along with NFIW’s plea. Justice Khanna observed that the argument against the need for a census was understood, but the reservation process required certain steps to be taken first.
The Constitution (One Hundred and Sixth Amendment) Act, 2023, signed by the President on September 29, seeks to reserve one-third of seats for women in the Lok Sabha, state legislatures’ upper houses, and the Delhi legislative assembly.
It also introduces horizontal reservation for women from scheduled castes (SC) and scheduled tribes (ST) within the women’s quota. This amendment act contains a sunset clause, stipulating that the affirmative action policy will conclude after 15 years and that women’s reservation will only be granted following a delimitation exercise based on the first census conducted after the act’s enactment.
Opposition leaders, while generally supporting the women’s reservation bill, have questioned the clause deferring its implementation and urged the government to eliminate the need for a census and delimitation exercise.
Congress leader Dr. Jaya Thakur filed a public interest litigation last month, requesting the immediate implementation of the Constitution (One Hundred and Sixth Amendment) Act, 2023, and declaring the delay clause as ‘void-ab initio.’ Thakur’s petition emphasizes the long-standing demand for women’s representation in the parliament and state legislatures and the need for prompt implementation.