Topic: GS2 – Indian polity.
- The Supreme Court of India has expressed support for the constitutional amendment that reserves one-third of seats in Parliament, State legislatures, and the Delhi Legislative Assembly for women as a positive step toward achieving gender parity in politics.
- The court, led by Justice Sanjiv Khanna, has expressed doubts about intervening to enforce the implementation of the quota law before the 2024 general election, considering it would be akin to legislating.
- The case has been listed for further consideration on November 22, along with a similar petition.
Difficulties highlighted by the Supreme Court:
Difficulty in implementation before 2024 general election:
- The Supreme Court observed that it would be very difficult to step in to ensure the implementation of the quota law before the general election in 2024. This is because it would amount to virtually legislating.
- The court explained that it would have to consider the logistics of implementing the quota, which would involve redrawing constituency boundaries and making other changes.
- This would be a complex and time-consuming process, and it would be difficult to complete it in time for the 2024 election.
Clause in the law:
- The law says that the reservation should be implemented only after the next census followed by a delimitation exercise. The petition filed by Jaya Thakur questions this clause.
- The Supreme Court explained that this clause was included in the law to ensure that the quota is implemented in a fair and transparent manner. The census provides accurate data on the population of each state and constituency, which is essential for determining the number of seats to be reserved for women.
- The delimitation exercise ensures that each constituency has an equal number of voters, regardless of gender.
- The court also observed that this clause is consistent with the Constitution of India, which requires that elections be held on the basis of adult suffrage and universal adult franchise.