Women's participation in politics

On Friday, the Supreme Court expressed its reluctance to issue immediate directives to the central government for the implementation of the Constitution (One Hundred and Sixth Amendment) Act, 2023, ahead of the upcoming general elections next year. This particular act aims to introduce reservations for women in both the Lok Sabha and state legislatures. Despite the fact that the constitutional amendment received presidential assent in September, it will not take effect until a delimitation exercise is carried out following the next census.

This development occurred during a hearing of a public interest litigation (PIL) filed by Congress leader Jaya Thakur. Thakur argued that a constitutional amendment, once passed with overwhelming support in a special legislative session convened for that purpose, should be put into effect immediately. The petitioner specifically sought to challenge the clause that defers the implementation of the constitutional amendment.

A bench presided over by Justice Sanjiv Khanna, however, declined to strike down the mentioned clause.

The bench also commended the central government’s actions, acknowledging them as a positive step. They pointed out that the matter had already been considered. Jaya Thakur’s plea will be further heard alongside another pending matter filed by the National Federation of Indian Women.

In summary, the Supreme Court refrained from mandating the immediate implementation of the 106th Amendment Act, 2023, which introduces reservations for women in legislative bodies. The court’s decision was made during a hearing on a PIL filed by Congress leader Jaya Thakur, who sought to challenge the clause deferring the amendment’s implementation. The court expressed reservations about striking down the clause and commended the government’s actions in this regard. The matter will be resumed alongside another case filed by the National Federation of Indian Women.

_{Repurposed article originally published in the Economic Times.}