'Very Difficult' For Court To Order Immediate Implementation Of Women's Reservation: SC

The bench stated that there is a petition pending before the Supreme Court on the subject, and it will hear Thakur's appeal on November 22. 

Supreme Court. ( Image Source :Getty )

The Supreme Court stated on Friday that it would be "very difficult" to overturn a provision of the women's reservation legislation that states it will take effect after the Census, news agency PTI reported. A bench of Justices Sanjiv Khanna and S V N Bhatti refused to issue a notice on a petition filed by Congress leader Jaya Thakur seeking immediate implementation of the 128th Constitution (Amendment) Bill, dubbed the Nari Shakti Vandan Adhiniyam, which seeks to reserve one-third of the seats in the Lok Sabha and state legislatures for women before next year's general election.

The bench stated that there is a petition pending before the Supreme Court on the subject, and it will hear Thakur's appeal on November 22. 

"This is a step taken, which is a very good step," the bench added, refusing to accept senior lawyer Vikas Singh's argument on Thakur's behalf.

The lawyer stated that it is clear that a census is essential for data collecting in order to give reserve to backward classes, but he asked where the census issue arises in the case of women's reservation.

Singh claims that the section of the legislation stating that it would be implemented after the Census is arbitrary and must be repealed.

The bench stated that "it will be very difficult for the court to do that".

"We have understood your argument. You are saying the census is not required (for women's reservation). But there are a whole lot of issues. Seats will have to be first reserved and other things...," it was quoted by PTI in its report.

Singh then requested that a notice be issued and that the plea be filed with the other matter.

The court stated that it is not rejecting the plea, nor is it sending a notice, but is just tagging it with the ongoing issue.

On September 21, the Rajya Sabha overwhelmingly approved a watershed bill that would reserve one-third of the seats in the Lok Sabha and state assemblies for women.

Unlike in the Lok Sabha, when two of the 456 MPs present voted against the Nari Shakti Vandan Adhiniyam, all 214 parliamentarians present in the Rajya Sabha voted in support of it.

The 128th Constitution (Amendment) Bill will now need to be approved by a majority of state legislatures. It will be adopted following a delimitation effort to redraw parliamentary and Assembly seats based on a census that the administration has stated will be completed next year.

The measure was enacted after various modifications were rejected, including those granting reservation to the Other Backward Classes (OBC) within the 33% quota. Reservations for women in the Lok Sabha and state legislatures will be both horizontal and vertical, and will apply to both the SC and ST categories.

Women make up about half of the country's 95 million registered voters, but just 15% of parliamentarians in Parliament and 10% in state legislatures.

The women's 33% reservation will not apply to the Upper House of Parliament or state legislative councils.

President Droupadi Murmu signed the measure on September 29.