Will Women's Reservation Bill Come Into Force Sooner Than Expected?

The Supreme Court of India is expected to hear a plea next month for expediting the implementation of the Women's Reservation Bill before the 2024 Lok Sabha Elections. On January 16, the court adjourned the plea filed by Congress leader Jaya Thakur seeking to implement the 106th amendment to the Indian Constitution, which provides 33% reservation to women in elected bodies. The two-judge bench comprising Justices Sanjiv Khanna and Dipankar Datta expressed their reservation about directing the union government to immediately implement this constitutional amendment before the 2024 general elections.

The hearing was adjourned after no counsel appeared for the official respondents. Deferring the proceedings until the next month, Justice Khanna told Senior Advocate Vikas Singh, appearing for Thakur, "Mr Singh, we are not saying anything. Let them come. Some steps have been taken. But obviously, let them appear."

Earlier Pleas For Faster Implementation

The 106th Amendment, better known as the Women's Reservation Bill, was passed by President Droupadi Murmu on September 29, 2023. However, the implementation of the bill has been deferred until now. In December, Finance Minister Nirmala Sitharaman confirmed that the Bill would be implemented after the completion of the census this year.

Earlier, a Delhi-based lawyer too had sought to implement the reservation in political parties before the Lok Sabha elections. Advocate Yogamaya MG approached the Delhi HC in December with a plea asking for a direction from the Election Commission of India to solicit a response from the Bharatiya Janata Party and Congress about how they plan to implement women's reservation.

She stated that although the Bill had been passed, there was no certainty as to when it would be implemented. She wrote in her plea that she expected the Centre to "provide a firm and expedited date for the implementation of the Women’s Reservation Bill 2023, considering the prolonged period of uncertainty surrounding the delimitation process."

The plea further stated, "Despite the unanimous passage of the Women's Reservation Bill 2023, there has been a significant delay in its implementation. The lack of tangible progress or a clear roadmap for implementation raises concerns about the sincerity of the authorities in giving effect to this vital legislative measure." However, her plea was dismissed by Justice Subramonium Prasad, stating that she should inside file a Public Interest Litigation (PIL).