In a significant development, the Supreme Court, on Friday, expressed concerns about the immediate implementation of the Constitution (One Hundred and Sixth Amendment) Act, 2023, which aims to introduce women’s reservation in India’s legislative bodies. This includes the Lok Sabha, the upper houses of state legislatures, and the Delhi legislative assembly.
The amendment, signed into law by President Droupadi Murmu in September, has a condition that it won’t be enforced until a delimitation exercise follows the next census. A bench of Justices Sanjiv Khanna and SVN Bhatti heard a public interest litigation (PIL) petition by Congress leader Jaya Thakur, arguing that once a constitutional amendment is passed with substantial support, it should not be delayed.
During the hearing, Senior Advocate Vikas Singh, representing the petitioner, contended that while a census was necessary for introducing backward classes quota, it was unnecessary for women’s reservation. He questioned the clause deferring the implementation, labeling it arbitrary.
However, the bench expressed reluctance to strike down the clause, saying it would be akin to legislating. They also mentioned a pending matter, a plea by the National Federation of Indian Women (NFIW), seeking the reintroduction of the women’s reservation bill. This matter has been a subject of scrutiny by the court.
In today’s proceedings, the Supreme Court refused to issue notice in Thakur’s petition but agreed to hear it alongside NFIW’s plea. Justice Khanna emphasized the importance of reserving seats, while Singh argued that this was not mentioned in the constitutional amendment. The court decided to take up the matter along with NFIW’s plea and adjourned the hearing until November 22. Stay tuned for further updates on this crucial legal battle.
