SC seeks Centre’s reply on fast-tracking Women’s Reservation rollout

The Supreme Court on Monday issued a notice to the Central government on a petition filed by Congress leader Jaya Thakur, seeking immediate implementation of the Nari Shakti Vandan Adhiniyam, 2023, which provides for 33 per cent reservation for women in the Lok Sabha and state legislative assemblies.

A bench of Justices BV Nagarathna and R Mahadevan directed the Centre to respond to the plea that challenges the provision linking the law’s implementation to the completion of the next Census and subsequent delimitation exercise. The bench observed that the Constitution guarantees political and social equality and asked, “Who is the largest minority in this country? It is women, almost 48 per cent. This is about the political equality of women.”

Appearing for the petitioner, senior advocate Shobha Gupta argued that even after 75 years of independence, women continue to struggle for adequate political representation. The court noted that the responsibility for enforcing the law rests with the executive and said, “We cannot issue a mandamus. Issue notice to the respondents. Let the central agency be served.”

The women’s reservation law, passed in September 2023 during a special session of Parliament, mandates one-third reservation for women in Parliament and state assemblies but specifies that it will take effect only after a new Census and delimitation exercise. Critics say this effectively postpones implementation until after 2026.

Delimitation, the redrawing of constituency boundaries to reflect population changes, is politically sensitive as it could alter the distribution of seats among states. Since the 2021 Census was delayed, the next delimitation has also been pushed back, raising concerns that women’s reservation may not materialise before the 2029 general elections.

To operationalise the law, the Centre must first conduct the Census, set up a new Delimitation Commission, and notify detailed implementation rules through the Election Commission. Coordination with state governments will also be necessary for its rollout in legislative assemblies.

The push for women’s reservation dates back to 1996, when the first bill was introduced but lapsed amid lack of consensus. After multiple failed attempts, the law was finally enacted in 2023. However, Thakur’s petition seeks to ensure that the promise of women’s political empowerment does not remain on paper due to procedural delays.