‘Important issue, keen to know what political parties will say’: SC on PIL for 33% women reservation in Parliament, Assemblies

After hearing brief submissions, the Supreme Court scheduled the matter with regard to 33 per cent women reservation in Parliament and Stae Legislative Assemblies for further hearing in October 2023.

New Delhi: The Supreme Court Friday said it is keen to know what political parties will say and stressed that none of them have come forward, except the Communist Party of India (Marxist), while seeking the Centre’s response on a PIL seeking re-introduction of the Women's Reservation Bill, 2008 which contemplates reservation of 33 per cent seats for women in the Lok Sabha and all state Legislative Assemblies.

A bench headed by Justice Sanjiv Khanna and comprising Justice S V N Bhatti told additional solicitor general (ASG) K M Nataraj, representing the Centre, "You have not filed a reply. Why are you shying away?" The Centre’s counsel said the petitioner is seeking a mandamus to table this Bill.

Justice Khanna said, "That's separate…..Then say you want to implement it. Why don't you file a reply? It's too important an issue. It concerns all of us”.

Justice Khanna said on a non-miscellaneous day the court will pass an order and there are certain restrictions on us, "we may not exceed those". Justice Khanna told Nataraj, “You should have filed a reply….I was interested to know what political parties would say. None of them have come forward, except CPI (M)”.

Nataraj, in a lighter vein, said the same restriction applies to us. After hearing brief submissions, the top court scheduled the matter for further hearing in October 2023.

Advocate Prashant Bhushan represented the petitioner National Federation of Indian Women (NFIW). Last year in November, the apex court had sought a response from the Centre on PIL seeking the revival of the ‘Women’s Reservation Bill’ that lapsed in Parliament eight years ago. The top court then directed the Centre to file a response within six weeks and gave three additional weeks to the petitioner to respond to the affidavit to be filed by the Ministry of Law and Justice.

The PIL said, "Patriarchal mindset of our society has led to the oppression of women denying them their rightful status as equals. This can only be changed if women are placed in positions of authority to effectively bring about such alterations”. The plea submitted that it has been 25 years since the first Women’s Reservation Bill was introduced in the Lok Sabha in 1996.

The plea argued that it is further pertinent to note that the Bill was passed by the Rajya Sabha in 2010 as the Constitution (One Hundred & Eighth Amendment) Bill, 2008, however, the same lapsed in 2014 after the dissolution of the 15th Lok Sabha.

"It is submitted that the instant Bill was not placed before the Lok Sabha despite having been passed by the Rajya Sabha in 2010. Such omission by the Respondent of not placing a piece of beneficial legislation before the Lok Sabha after the same has been passed by the Rajya Sabha and not allowing the same to be given due consideration, is absolutely arbitrary”, said the plea.