SC calls women’s reservation law a ‘very good step‘, but reluctant to step in for its implementation before LS polls

Supreme Court terms 1/3rd reservation for women in legislatures a "very good step" towards gender parity, but doubts implementation before 2024 elections. Petition seeks to declare clause in Constitution (106th Amendment) Act of 2023 "void ab-inito". SC lists case for Nov 22.

The Supreme Court on November 3 termed a constitutional amendment reserving one-third of the seats in Parliament, State legislatures, and the Delhi Legislative Assembly for women as a “very good step” towards attaining gender parity in politics, but voiced doubts about stepping in to ensure the implementation of the quota law before the general election in 2024.

“It will be very difficult for us to do that. It will amount to virtually legislating,” Justice Sanjiv Khanna, heading a Division Bench, observed.

However, the court listed the case on November 22 along with a similar petition.

The petition filed by Jaya Thakur, represented by senior advocate Vikas Singh and advocate Varinder Kumar Sharma, questioned a clause in the law which said the reservation should be implemented only after the next Census followed by a delimitation exercise.

Mr. Singh urged the court to declare the “offending” clause in the Constitution (One Hundred and Sixth Amendment) Act of 2023 “void ab-inito”.

He argued that a constitutional amendment passed by the Parliament unanimously during a Special Session should not be made to wait indefinitely. Mr. Singh argued that it was settled law that a constitutional amendment cannot be held back unless it was found to be ultra-vires the Constitution.

“A Special Session was called for implementing the reservation in the Parliament, State legislatures and the Delhi Legislative Assembly. Both Houses passed the Bill unanimously. The Act was notified on September 28, 2023. But still, the object of the Act is yet to be realised,” the petition said.