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The Supreme Court and the Women's Reservation Act: A Call for Action

Understanding the Importance of Women's Representation in Politics

The Supreme Court and the Women's Reservation Act: A Call for Action

  • 02 Dec, 2025
  • 450

Women’s Reservation Act and Political Empowerment

The Supreme Court recently characterized women as India's "largest minority" and sought an explanation from the Union Government for the delay in implementing the Women’s Reservation Act, 2023.

Background on Women's Political Representation

According to the 2011 Census, women constituted 48.46% of India's population. However, their representation in national legislative bodies remains disproportionately low:

  • Only 15% of Lok Sabha Members of Parliament (MPs) are women.
  • Women account for just 13% of Rajya Sabha MPs.
  • In comparison, women hold around 46% of elected seats in Panchayati Raj Institutions (PRIs).

The 73rd and 74th Constitutional Amendments introduced mandatory one-third reservation for women in panchayats and municipalities, which has laid the groundwork for grassroots political empowerment.

Status of the Nari Shakti Vandan Adhiniyam

The Supreme Court is currently addressing a petition challenging the delayed implementation of the Nari Shakti Vandan Adhiniyam. This legislation received Presidential assent in September 2023 but remains unoperational as it depends on the completion of a new census and delimitation exercise. No official timeline has been provided for these requirements.

The petitioner argues that previous constitutional amendments, including the 73rd, 74th (local bodies), 77th (SC/ST promotions), and 103rd (EWS quota), were executed without awaiting a census, making the current delay unjustified.

Understanding the Nari Shakti Vandan Adhiniyam

The Constitution (One Hundred and Sixth Amendment) Act, 2023, known as the Nari Shakti Vandan Adhiniyam, mandates one-third reservation for women in:

  • The Lok Sabha
  • All State Legislative Assemblies
  • The Legislative Assembly of the National Capital Territory of Delhi

This legislation represents a significant milestone in India's political landscape, building upon over three decades of affirmative action initiated through the 73rd and 74th Amendments, which granted 33% reservation for women at the grassroots governance level.

Supreme Court’s Observations on Women's Reservation

The Supreme Court issued a notice to the Union Government, questioning the ongoing delay in implementing the 106th Constitutional Amendment. Key observations made by the Court include:

  • Women, comprising 48.44% of India's population, remain underrepresented in legislative bodies.
  • Political justice is as vital as social and economic justice.
  • The Court referenced Article 15(3), which allows the State to make special provisions for women, reinforcing the constitutional validity of women’s reservation.
  • There is concern over the lack of a clear timeline for the implementation of this Act.

The Need for Women’s Representation in Parliament

With women accounting for nearly half of India's population, their meaningful representation in Parliament is essential for fostering a more inclusive and participatory democracy.

Greater political participation empowers women to address issues affecting them directly, thereby enhancing India’s commitment to gender justice. Evidence suggests that women’s leadership leads to more balanced, inclusive, and socially responsible policymaking, thereby improving governance outcomes.

Increased visibility of women in leadership roles serves as an inspiration for future generations, promoting broader societal transformation regarding education, workforce participation, and rights awareness. Furthermore, enhancing women’s representation aligns with India's international commitments, including the 2030 Sustainable Development Goals (SDGs), particularly SDG 5 on gender equality and SDG 16 on inclusive institutions.

Frequently Asked Questions (FAQs)

Q1. What does the Women’s Reservation Act entail?
Answer: The Women’s Reservation Act mandates one-third reservation for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of Delhi, aimed at enhancing women's political representation.

Q2. Why is the Supreme Court involved in the Women’s Reservation Act?
Answer: The Supreme Court is addressing a petition regarding the delay in the implementation of the Act, emphasizing the need for timely action to ensure women's representation in politics.

Q3. What is the significance of women’s representation in governance?
Answer: Women’s representation is crucial for creating an inclusive democracy, allowing for diverse perspectives that improve governance and policy outcomes.

Q4. How does the Nari Shakti Vandan Adhiniyam support women?
Answer: The Nari Shakti Vandan Adhiniyam supports women by ensuring their reservation in legislative bodies, thus empowering them to participate actively in governance and decision-making processes.

Q5. What role do international commitments play in women’s representation?
Answer: International commitments, such as the 2030 SDGs, emphasize gender equality and inclusive institutions, aligning with India’s efforts to enhance women's representation in governance.

UPSC Practice MCQs

Question 1: What percentage of Lok Sabha MPs are women?
A) 15%
B) 30%
C) 45%
D) 50%
Correct Answer: A

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