SC Declines To Hear Pleas Against 2023 Women Reservation Act

The Supreme Court on Friday declined to examine petitions challenging the delimitation clause in the 2023 Nari Shakti Vandan Act, which reserves one-third of the seats in the Lok Sabha and state assemblies for women.

A bench of Justices Bela M Trivedi and P B Varale was not inclined to entertain 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, challenging the bill that had become an Act, was now rendered infructuous, leading to its dismissal. Regarding the NFIW’s plea, which specifically challenged the delimitation clause of the law, the bench stated that the matter could be taken up in a high court or another appropriate forum, rather than directly under Article 32.

The NFIW contested the constitutional validity of Article 334A(1) or Clause 5 of the 2023 Act, which makes the delimitation of constituencies a prerequisite for the implementation of the law. The Supreme Court, in its earlier hearing on November 3, 2023, had remarked that it would be “very difficult” to strike down a part of the women’s reservation law, as it would only come into effect after the next census.

On September 21, 2023, the landmark bill to reserve one-third of the seats in the Lok Sabha and state assemblies for women passed through Parliament, with the Lok Sabha passing it nearly unanimously and the Rajya Sabha approving it unanimously. The bill was signed into law by President Droupadi Murmu on September 29, 2023.

The law’s implementation will be delayed until after the next census and the subsequent delimitation exercise, which will involve redrawing the constituencies to allocate specific seats for women. The reservation will be in place for 15 years, with the possibility of extending the period by Parliament.

In addition to the general quota for women, there will be a sub-reservation for women from Scheduled Castes and Scheduled Tribes. However, opposition parties have pushed for including women from Other Backward Classes (OBCs) in the quota as well.

The move for women’s reservation in Parliament and state assemblies has been long-standing, with efforts dating back to 1996. A similar attempt in 2010 saw the Rajya Sabha approve the bill, but it was not passed in the Lok Sabha.

Presently, women make up about 15% of the Lok Sabha, with their representation in state assemblies often below 10%.

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