'Women are the largest minority': Supreme Court seeks Centre' reply on implementation of Nari Shakti Vandan Act

The plea has sought the implementation of the Act without waiting for the conduct of a fresh delimitation exercise.

New Delhi: The Supreme Court on Monday sought the response of the Centre to examine a plea seeking implementation of the 2023 Nari Shakti Vandan Act which reserves one-third seats for women in the Lok Sabha and the state assemblies.

A bench of Justices B V Nagarathna and R Mahadevan issued notice to the Centre while observing that women were the largest minority in the country.

"Our 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 women. It's almost 48 per cent. This is about the political equality of women," Justice Nagarathna said.

Appearing for petitioner Jaya Thakur, senior advocate Shobha Gupta said it is unfortunate that women have to move the court for representation after 75 years of independence of the country.

She submitted that the Act reserves one-third of the total seats in the Lok Sabha and the state legislative assemblies based on data.

The bench said enforcement of the law is the prerogative of the executive and no mandamus can be issued in these matters.

"The courts have limitations when interfering with such policy matters," Justice Nagarathna said.

Jaya Thakur, in her plea filed through advocate Varun Thakur, has sought the implementation of the Act without waiting for the conduct of a fresh delimitation exercise.

She said in her plea, "The petitioner herein prefers the present writ petition under Article 32 of the Constitution of India for the mandamus direction to declare the clog i.e. after delimitation is undertaken for this purposes after the relevant figures for the first census of 'One Hundred and Sixth Amendment Act 2023' as 'void-ab-initio' for immediate implementation of the 33 per cent Women Reservation, as per the constitution (One Hundred and Twenty Eight Amendment) Act, 2023 (Nari Shakti Vandan Adhiniyam) in its true letter and spirit."

The plea said all corners of society's representation are required in the democratic process, but there has been no adequate representation of women for the last 75 years in Parliament as well as in the state legislatures.

"This is a long-pending demand for decades and Parliament rightly passed the above Act for 33 per cent reservation but putting the clog that the said Act will be implemented 'after the delimitation is undertaken for this purposes after the relevant figures for the first census' which may kindly be declared as 'void-ab-initio', for immediate implementation of the 33 per cent women reservation," it said.

The plea further said that the constitutional amendment cannot be put on hold for an uncertain period. In fact, a special session was convened to amend the law for implementing reservations in Parliament as well as in the state legislatures. Both Houses passed this Bill unanimously, the President of India also gave the assent and the Act was notified thereafter on September 28, 2023.

Interestingly, on January 10, the top court refused to examine the pleas challenging the delimitation clause in the 2023 Act.

The top court was not inclined to entertain the petition filed by Jaya Thakur and the National Federation of Indian Women (NFIW) under Article 32 of the Constitution.

The bench pointed out that Jaya Thakur's petition challenged the Bill, which has now become an Act, whereas the NFIW challenged the delimitation clause of the law.

While Thakur's plea was dismissed as infructuous, the court was not inclined to examine NFIW's plea under Article 32, saying it could move the high court or any other appropriate forum.

The NFIW challenged the constitutional validity of Article 334A (1) or Clause 5 of the 2023 Act, which rendered delimitation of constituencies a prerequisite for the implementation of the Act.

While hearing Jaya Thakur's plea on November 3, 2023, the top court said it would be "very difficult" for the court to strike down a part of the women's reservation law which would come into effect after the Census.

It refused to issue a notice on her plea and asked her counsel to serve the copy to the lawyer representing the Centre.

On September 21, 2023, the watershed Bill to reserve one-third of the seats in the Lok Sabha and state assemblies for women received the parliamentary nod.

The constitutional amendment Bill was passed by the Lok Sabha with near unanimity and the Rajya Sabha with unanimity. On September 28, 2023, President Droupadi Murmu gave her assent to the Bill.

The law would take some time before implementation as the next Census and the subsequent delimitation exercise, redrawing of Lok Sabha and assembly constituencies, would ascertain the particular seats being earmarked for women.

The quota for women in the Lok Sabha and assemblies would continue for 15 years and Parliament can later extend the benefit period.

There were efforts to pass the Bill in Parliament since 1996 and a last such attempt was made in 2010, when the Rajya Sabha approved a Bill for women's reservation, but it could not be passed in the Lok Sabha.

Data showed women MPs account for nearly 15 per cent of the Lok Sabha strength whereas their representation was below 10 per cent in many state assemblies.