The Supreme Court on Friday refused to examine pleas
challenging the delimitation clause in the 2023 Nari Shakti Vandan Act which
reserves one-third seats for women in Lok Sabha and state assemblies.
A bench of Justices Bela M Trivedi and P B Varale
was not inclined to entertain the petitions filed by one Jaya Thakur and the
National Federation of Indian Women (NFIW) under Article 32 of the
Constitution.
The bench pointed out Jaya Thakur's petition
challenged the bill, which had become the Act, whereas the NFIW challenged the
delimitation clause of the law.
While Thakur's plea was dismissed as infructuous,
the court was not inclined to examine NFIW's plea under Article 32 saying it
could move the high court or any other appropriate forum.
The NFIW challenged the constitutional validity of
Article 334A (1) or Clause 5 of the 2023 Act where it rendered delimitation of
constituencies a prerequisite to the implementation of the Act.
On November 3, 2023, the top court while hearing
Thakur's plea said it would be "very difficult" for the court to
strike down a part of the women's reservation law which would come into effect
after the census.
It refused to issue a notice on Thakur's plea and
asked the counsel for the petitioner to serve the copy on the lawyer
representing the Centre.
On September 21, 2023, the watershed bill to reserve
one-third of the seats in the Lok Sabha and state assemblies for women received
the parliamentary nod.
The constitutional amendment bill was passed by the
Lok Sabha with near unanimity and the Rajya Sabha with unanimity.
The law would take some time before implementation
as the next census and the subsequent delimitation exercise -- redrawing of Lok
Sabha and assembly constituencies -- would ascertain the particular seats being
earmarked for women.
The quota for women in Lok Sabha and assemblies
would continue for 15 years and Parliament can later extend the benefit period.
While there was quota within quota for women from
scheduled castes and scheduled tribes, the opposition demanded the benefit to
be extended to other backward classes.
There were efforts to pass the bill in Parliament
since 1996 and a last such attempt was made in 2010, when Rajya Sabha approved
a bill for women's reservation, but it could not be passed in Lok Sabha.
Data showed women MPs account for nearly 15 per cent
of the Lok Sabha strength whereas their representation was below 10 per cent in
many state assemblies.
On September 29, 2023, President Droupadi Murmu gave
her assent to the bill.