Context:
- The Supreme Court, led by Justice B.V. Nagarathna, observed that women constitute the “largest minority” in India.
- The Court questioned why women should not get greater political representation, even without reservation.
- The remarks were made during the hearing of a petition challenging delays in implementing the Nari Shakti Vandan Adhiniyam (106th Constitutional Amendment), 2023, which grants 33% reservation for women in Lok Sabha and State Assemblies.
Key Highlights
- Constitutional & Legal Context
- The 106th Constitutional Amendment Act, 2023 provides:
- 33% reservation for women in Lok Sabha and State Legislative Assemblies.
- Implementation only after Census + Delimitation exercise.
- The Act was assented to by the President in Sept 2023, but not yet implemented.
- SC’s Observations
- Women form 48.44% of India’s population — “largest minority”.
- Referred to Article 15(3):
- Allows the State to make special provisions for women.
- Asked:
- “Why delay the ‘vandan’?”
- “When is the next Census? Any date?”
- Highlighted 75 years of inadequate political representation.
- Petitioners’ Arguments
- Petition filed by Jaya Thakur.
- Advocates: Shobha Gupta and Varun Thakur.
- Argued:
- No justification for linking women’s reservation to Census & delimitation.
- Implementing the law is essential for political justice.
- The delay denies gender-based affirmative action.
- Concerns Over Delay
- Census timeline undefined → indefinite delay in women’s reservation.
- Delimitation exercise also unspecified.
- Parliament empowered to extend the 15-year benefit period further.
- Significance of SC Remarks
- Reinforces long-standing demand for greater women’s political participation.
- Highlights constitutional obligation for affirmative action.
- Brings attention to Census dependency as the main roadblock.
Relevant Mains Points
Key Constitutional Provisions
- Article 14 – Equality before law
- Article 15(3) – Special provisions for women & children
- Article 325–326 – Electoral equality & adult suffrage
- 106th Amendment Act, 2023
Why Women’s Representation Matters
- Gender-balanced governance
- Better outcomes in education, water, sanitation, health & welfare
- Addresses socio-economic exclusion
Concerns Raised by SC
- “Women = largest minority” → moral & demographic argument.
- Census as a precondition: unnecessary delay mechanism.
Way Forward
- Announce clear timeline for Census & delimitation.
- Consider interim implementation mechanisms.
- Political parties to voluntarily increase tickets to women.
- Strengthen grassroots women leadership (PRI representation at 33–50%).
- Monitor implementation through an independent commission.