The Supreme Court on Monday directed the Central government on a public interest litigation petition filed by Congress leader Jaya Thakur, asking for the implementation of a 33 percent reservation for women in the Lok Sabha and state legislative assemblies, the Bar and Bench reported. 

Prominent remarks were made in favor of such reservation by the Bench led by Justice BV Nagarathna and R Mahadevan: “The Preamble (to the Constitution of India) says (all citizens are entitled to) political and social equality. Who is the largest minority in this country? It is the woman… almost 48 percent. This is about the political equality of the woman,” the Bar and Bench quoted. 

Furthermore, senior advocate Shobha Gupta, representing Thakur, said that unfortunately after 75 years of India’s independence, women still have to approach the court to seek representation. 

After 75 years (of India’s independence from British colonial rule), it is unfortunate that we (women) have to move court for the representation… They have to reserve only one-third of the total seats. They have decided to grant the reservation based on some data,” senior advocate Shobha Gupta said. 

“When is the delimitation exercise there? Serve it to the government… Enforcement of the law is the executive’s responsibility, and we cannot issue a mandamus. Issue notice to respondents. Let the central agency be served,” the bench said. 

The Women’s Reservation Bill 

On September 20, 2023, and September 21, 2023, a women’s reservation bill was passed by the Lok Sabha and Rajya Sabha simultaneously before receiving assent of the president the same month on the 28th. 

The bill added Article 334A to the Constitution of India. This new article states that reservations for women in the Lok Sabha and state legislative assemblies will come into effect only after a delimitation exercise is carried out. The amendment introduced Article 334A to the Indian Constitution, stipulating that the 33 percent reservation for women in the Lok Sabha and state assemblies will be implemented only after a fresh delimitation exercise. This process is set to begin once the results of the first census conducted following the amendment are published.