The Supreme Court stated that women are the “largest minority” in India, noting their declining representation in Parliament.
Justice B.V. Nagarathna questioned why women could not have representation without reservation.
The court was hearing a petition challenging the delay in implementing the "Nari Shakti Vandan Adhiniyam" (Constitution 106th Amendment Act), which reserves 33% of seats for women in the Lok Sabha and Assemblies.
The Act, approved in September 2023, is pending implementation due to the requirement of the next Census and subsequent delimitation exercise.
The women's quota in the Lok Sabha and Assemblies will be valid for 15 years, with a potential extension by Parliament.
Detailed Insights:
The "Nari Shakti Vandan Adhiniyam" aims to provide political justice to women, aligning with social and economic justice, as women constitute 48.44% of the population.
Article 15(3) of the Constitution mandates the State to take affirmative action for women's empowerment, supporting the reservation.
The implementation is delayed as the next Census will quantify the population, enabling scientific reservation of seats for women through delimitation.
The petition argues that holding back a Constitutional amendment for an uncertain period is unjust, given the historical underrepresentation of women in legislatures for the last 75 years.
The court emphasized the necessity of the Census to accurately quantify the population, which will then serve as the basis for reserving seats for women in a scientifically sound manner.
Key Concepts Involved:
Delimitation: The process of redrawing the boundaries of parliamentary and assembly constituencies to reflect changes in population.
Affirmative Action: Policies designed to address past and present discrimination and ensure equal opportunities for marginalized groups.
Political Justice: Ensuring fair representation and participation of all citizens in the political process, irrespective of gender or social status.