Will be very difficult: SC on plea seeking immediate implementation of Women Reservation Bill

New Delhi: The Supreme Court on Friday remarked that it will be “very difficult” for it to strike down the provision of Women Reservation Bill which provides that the 33 per cent quota for women in the legislature will not be implemented unless decennial census and subsequent delimitation exercise is carried out.

A bench of Justices Sanjiv Khanna and S.V.N. Bhatti made the observation as it heard a plea filed by Congress leader Jaya Thakur seeking immediate implementation of Nari Shakti Vandan Adhiniyam Bill 2023 before the 2024 Lok Sabha polls.

The bench decided not to issue notice to the Union government and said that it will take up the matter for consideration on November 22 along with pending plea seeking reliefs of similar nature.

Senior advocate Vikas Singh, appearing for the PIL petitioner, said the provision of law -- the 1/3rd women quota will be effective "after the delimitation is undertaken for this purpose after the relevant figures for the first census" -- be struck down for being arbitrary.

At this the top court said: “It will be very difficult for us to do that. We'll be virtually legislating then.”

Singh contended that it will be unnecessary to conduct a census for reserving seats for women in Parliament and State Legislature.

He pleaded that there was no requirement of the census and delimitation because the number of seats are already declared and the present amendment gives 33 per cent reservation for existing seats, and this is an admitted position in our country that 50 per cent is women population but they have only 4 per cent representation in elections.

A PIL was filed by National Federation of Indian Women (NFIW) seeking re-introduction of the Women's Reservation Bill, 2008 saying that the bill was not passed despite promises.

In August this year, the Supreme Court had questioned the Centre over delay in filing its reply in the matter. “You have not filed a reply. Why are you shying away?" it had asked Additional Solicitor General K.M. Natraj, who represented Centre.

Nari Shakti Vandan Adhiniyam Bill 2023 -- passed in September this year in a special session of Parliament -- mandates a 33 per cent reservation for women in the Lok Sabha and all state Assemblies, including Delhi.

It is speculated that the quota for women will be completely rolled out nationwide in 2029 post completion of delimitation exercise and will continue for a term of 15 years.

The Act does not intend to alter the composition of the present Lok Sabha or existing Legislative Assemblies, but will apply once they are freshly constituted on completion of their respective tenure or on being dissolved for any other cause