SC Unlikely to Strike Down Women’s Reservation Law Activation Clause

The Supreme Court on Friday said it would be “very difficult” for it to strike down a portion of the women’s reservation law stipulating its activation following the Census.

A bench comprising Justices Sanjiv Khanna and S V N Bhatti refused to issue a notice on a plea filed by Congress leader Jaya Thakur, which seeks the immediate implementation of the 128th Constitution (Amendment) Bill, also known as the Nari Shakti Vandan Adhiniyam. This amendment seeks to reserve one-third of the seats in the Lok Sabha and state assemblies for women before the next general election.

The bench referred to a pending petition before the top court on this matter and scheduled a hearing for Thakur’s plea on November 22, along with the pending case. The bench acknowledged the significance of the step taken by stating, “This is a step taken, which is a very good step,” as it rejected the argument put forth by senior advocate Vikas Singh, who represented Thakur.

Singh argued that while a census is necessary for data collection when granting reservations to backward classes, it is irrelevant in the case of women’s reservation. He contended that the portion of the law mandating implementation after the Census is arbitrary and should be invalidated.

The bench responded, “It will be very difficult for the court to do that.” It acknowledged Singh’s argument but expressed the complexity of the issue, as seats would need to be reserved and other considerations addressed.

Singh then requested a notice to be issued and the plea to be combined with the ongoing case. The court did not dismiss the plea but decided not to issue a notice and instead joined it with the pending matter.

On September 21, a historic bill to reserve one-third of the seats in the Lok Sabha and state assemblies for women received unanimous approval in the Rajya Sabha. The bill will require the endorsement of a majority of state assemblies and will be put into action following a delimitation exercise based on the upcoming census.

The bill was passed after various amendments, including those for providing reservations to the Other Backward Classes (OBC) within the 33 percent quota, were rejected. The reservation for women in the Lok Sabha and state assemblies will encompass both horizontal and vertical aspects, extending to the SC-ST categories.

Despite women constituting nearly half of the country’s 95 crore registered voters, they make up only 15 percent of lawmakers in Parliament and 10 percent in state assemblies.

The 33 percent reservation for women does not apply to the Upper House of Parliament and state legislative councils. President Droupadi Murmu granted her assent to the bill on September 29.