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.
The senior lawyer contended that deferring the implementation of the Act till after the Census and delimitation amounted to a virtual stay on its effect and operation for ambiguous reasons.
The petition referred to the 73rd and 74th constitutional amendments of 1993 which gave women one-third representation in local body elections. Dr. Thakur drew the court’s attention to the 77th constitutional amendment extending reservations for promotions in jobs for the Scheduled Castes and Scheduled Tribes. Finally, the petition highlighted the recent implementation of the 10% EWS reservation for poor Forward Caste sections of the society in educational institutions and public employment.
It said all these amendments were given effect without calling for Census data.
“For the last 75 years there has been no adequate representation of women in the Parliament and State legislatures… This (reservation of seats for women in legislature) has been a long-pending demand for decades… In the present amendment, there is no requirement for census figures or for the conduct of delimitation exercise as the number of seats reserved - 33% - is already declared and will be from the existing seats. The Act should be implemented immediately and before the General Elections in letter and spirit,” the petitioner side argued.
Mr. Singh stressed that women had an equal part in democratic process.
“Democracy is part of the basic structure of our Constitution and rule of law and free and fair elections are basic features of our democracy,” the petition argued.
