Read What Supreme Court Told Centre About Women’s Reservation Bill One Month Ago

On the inaugural day (September 18) of the special session of the Parliament, the union cabinet reportedly approved the tabling of the women’s reservation bill. But lesser known is that one month ago, the Supreme Court had questioned the Central Government for not making its stand clear on the issue of women reservation.The Court asked the Central Government why it had not filed its response to a PIL filed in 2021 seeking reservation for women in legislature."You have not filed a reply. Why are you shying away?Why have you not filed a reply? Say you want to implement it, or not. It’s too important an issue to be thrown on the backburner. It’s too important. It concerns all of us", a bench comprising Justices Sanjiv Khanna and SVN Bhatti had asked the Centre's law officer in the hearing held on August 11. This plea was filed in 2021 by the National Federation of Indian Women (NFIW) seeking the reintroduction of the women’s reservation bill in the Lok Sabha. The bill, also known as the Constitution (One Hundred and Eighth Amendment) Bill, 2008, aimed to introduce 33 percent reservation for women in the Lok Sabha and state assemblies. Although it was passed by the Rajya Sabha in 2010, it lapsed after the dissolution of the 15th Lok Sabha. The women’s reservation has not been placed before the Lower House of the Parliament yet, despite the passage of over a decade. During the August hearing, the court expressed surprise at the reluctance of political parties to take a stand on the issue and adjourned the case until October. Reiterating that the Centre has to file a reply, Justice Sanjiv Khanna even indicated that on the next day, the court would issue an order while staying within the bounds of permissible judicial intervention. But this was not the first time that the court underscored the significance of the issue. The ‘constitutional importance’ of the women reservation issue was stressed by the court in November of last year while issuing notice and seeking the central government’s response.Other cases where the Supreme Court dealt with the issue of women reservationThe Supreme Court dealt with the issue of women reservation in local bodies in a case concerning the State of Nagaland. In February this year, the Court had directed the State Election Commission of Nagaland to notify local body elections in Nagaland with the women quota. However, the State Government took the stand that women reservation is not applicable to Nagaland in view of the special provisions under Article 371A of the Constitution.In a hearing held on July 25, a bench comprising Justices SK Kaul and Sudhanshu Dhulia did not appreciate the stand of the State Government. The bench also criticised the Union Government for not taking a clear stand on the issue. Pointing out that the Nagaland Government and the Union Government are in the same page politically, Justice Kaul even went to the extent of orally telling the Centre's law officer : "You take extreme stands against other State Governments who are not amenable to you, but your own State Government is violating Constitutional provision and you do not want to say something.”In the order, the bench stated as follows :"..the Central Government cannot wash its hands off this issue where a constitutional scheme is provided and its task is simplified by the fact that political dispensation in the State is in line with political dispensation at the Centre".The bench also stressed the importance of women reservation during the hearing. “Reservation ensures that a minimal level of representation is there. Reservation is a concept of affirmative action. Women reservation is based on that. How do you get out of the constitutional provision? I do not understand this... Why resistance to participation of women when in all walks of life women are equally involved?. Why do you hesitate in giving even one-third representation?”, Justice Kaul orally told the Advocate General of Nagaland. In the order, the bench stressed that the women reservation will not touch upon the personal laws of Nagaland and its special status under Article 371A. The matter was adjourned till September 26 after the AG sought for more time for compliance.In July, the same bench dealt with another petition, which raised the concern that women reservation in local bodies were being misused by male politicians who ask their wives to contest elections as their proxies. But the bench wondered who can the judiciary intervene to stop such a practice. “It is for the respondent Ministry of Panchayats Raj to look into it to see if there is a better mechanism to implement the object of reservation. Thus the petitioner may make representation to the concerned Ministry", the bench observed in the order disposing of the petition. What did the bill passed by the Rajya Sabha say? The Constitution (One Hundred and Eighth Amendment) Bill, 2008, which lapsed after the dissolution of the 15th Lok Sabha (2009-14),...

Read What Supreme Court Told Centre About Women’s Reservation Bill One Month Ago

Awstika Das

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