SC refrains from directing Centre on women's quota

The Supreme Court on Friday expressed its reservations on directing the central government to immediately implement the Constitution (one hundred and sixth amendment) Act, 2023 before the general elections next year.

The Act proposes to introduce reservation for women in the Lok Sabha and state legislatures. Although the constitutional amendment was signed into law by the President in September, the same will not be implemented until a delimitation exercise is conducted following the next census.

The development took place during the hearing of a public interest litigation (PIL) filed by Congress leader Jaya Thakur, claiming that a constitutional amendment, once passed with overwhelming support in a special session called for the said purpose, has to be implemented with immediate effect. The petitioner has sought striking down of the clause deferring the implementation of the constitutional amendment.


A bench headed by Justice Sanjiv Khanna, however, refused to strike down the said clause. Speaking for the bench, justice Khanna verbally observed that it would be "very difficult" for the court to strike down the clause. "We will be virtually legislating then," Justice Khanna remarked.

Lauding the step taken by the Centre, the bench observed "this is a very good step. This has already been examined in matter". Thakur's plea will come up for resumed hearing with a pending matter filed by the National Federation of Indian Women.