Supreme Court Questions Delay in Women's Parliamentary Representation

India's Supreme Court on Monday, November 10, 2025, expressed concern over the steadily declining presence of women in Parliament, describing them as the nation's "largest minority." The Court's remarks came during a crucial hearing challenging the delayed implementation of the 'Nari Shakti Vandan Adhiniyam'.

thehindu.com reported, A bench comprising Justice B.V. Nagarathna and Justice R. Mahadevan issued notice to the Central government on a Public Interest Litigation (PIL) filed by Congress leader Dr. Jaya Thakur. The petition seeks immediate enforcement of the women's reservation law.

Justice Nagarathna, the sole woman judge on the Supreme Court bench, questioned why women are not adequately represented in legislative bodies even without specific reservations. She emphasized that women constitute almost 48% of India's population.

thehindu.com noted, The 'Nari Shakti Vandan Adhiniyam,' or the Constitution (106th Amendment) Act, 2023, grants 33% reservation for women in the Lok Sabha and State Assemblies. However, its implementation is contingent upon a future delimitation exercise after the next census, a condition challenged by the petitioner.

Senior advocate Shobha Gupta, representing Dr. Thakur, argued that it is "unfortunate that women have to move the court for representation even after 75 years of independence". The Court acknowledged its limitations in policy matters but sought a response from the Centre regarding the timeline for implementation.

daijiworld.com reported, This discussion underscores a significant and ongoing debate on gender equality and political representation in India, highlighting the judiciary's role in pressing for legislative reforms. The Court's observations bring renewed focus to the urgency of empowering women in decision-making roles.

The Supreme Court's directive for the Centre to respond sets the stage for a critical legal and political discourse on the future of women's participation in Indian democracy. The outcome could significantly influence the timeline for realizing the constitutional promise of political equality.

• thehindu.com noted, The 'Nari Shakti Vandan Adhiniyam', officially the Constitution (106th Amendment) Act, 2023, was passed by the Lok Sabha on September 20, 2023, and by the Rajya Sabha on September 21, 2023. It received presidential assent on September 28, 2023, becoming law. This landmark legislation aims to reserve one-third of all seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Assembly, including those reserved for Scheduled Castes and Scheduled Tribes.

• A key point of contention is Article 334A of the Act, which stipulates that the reservation will only come into effect after a delimitation exercise is carried out following the first census conducted after the amendment. Petitioner Dr. Jaya Thakur, a Congress leader, argues that this condition, which has no fixed timeline, effectively defers the benefit indefinitely and violates constitutional articles related to equality.

• thehindu.com reported, Women's representation in Indian legislative bodies has historically been low. According to Drishti IAS, women constitute only about 13.6% of the current 18th Lok Sabha and 13% of the Rajya Sabha. In State Legislative Assemblies, the national average is a mere 9%, with no state exceeding 20% women legislators. This stark underrepresentation contrasts sharply with women making up nearly half of the country's population.

• The concept of women's reservation in India has a long and complex history, with the first attempts dating back to 1989 when former Prime Minister Rajiv Gandhi introduced a bill for reservation in local bodies. Subsequent efforts to extend this to Parliament and State Assemblies, including the 81st Constitution Amendment Bill in 1996 and the 108th Amendment Bill in 2008, faced repeated failures due to lack of consensus and dissolution of legislative bodies.

• daijiworld.com noted, Justice B.V. Nagarathna's observation that women are the "largest minority" in India, despite their significant population share, highlights the systemic barriers to their political participation. Her remarks, reported by The Hindu and Bar and Bench, underscore the judiciary's recognition of the need for political equality, aligning with the Preamble's promise of social and political justice.

• The petitioner's counsel, Senior Advocate Shobha Gupta, pointed out that previous constitutional amendments, such as the 73rd and 74th Amendments providing one-third reservation for women in local bodies, were implemented without awaiting census data. This argument suggests that the current delay for the 'Nari Shakti Vandan Adhiniyam' is an unnecessary impediment to achieving gender parity in higher legislative bodies.

• thehindu.com reported, The Supreme Court's decision to issue notice to the Centre indicates that it will examine the rationale behind linking the implementation of women's reservation to a future delimitation exercise. While the Court acknowledged the executive's prerogative in law enforcement, it signaled its intent to seek clarity on the timeline for the Act's full operationalization.

• The potential implications of this case are significant for India's democratic landscape. Immediate implementation of the 33% reservation could lead to a substantial increase in women's representation, fostering more inclusive governance and potentially influencing policy-making on issues affecting women and children, as noted by Drishti IAS. Conversely, continued delays could perpetuate the existing gender imbalance in political power.