Supreme Court Seeks Input from Centre on Women’s Reservation Act
The Supreme Court of India has reached out to the Central government for its response regarding a public interest litigation (PIL) that demands the implementation of the Women’s Reservation Act before the 2029 Lok Sabha elections, without the prerequisite of a new delimitation exercise. The case, titled Yogamaya MG v. Union of India, was heard by a bench comprising Justices BV Nagarathna and R Mahadevan, who issued a notice to the government on this petition.
The petitioner argues that the reservation should be based on the 2001 or 2011 Census data, rather than waiting for a post-2026 Census and consequent delimitation exercise. Despite the Constitution (128th Amendment) Act, 2023, which reserves one-third of the seats in the Lok Sabha and state assemblies for women, the act has not been put into effect because it is contingent on the first Census conducted after its enactment and the subsequent delimitation process.
Concerns Over Indefinite Delay
The plea highlights concerns that postponing these processes could result in women being deprived of reserved seats even during the 2029 general elections. This concern is underscored by the recent parliamentary rejection of the Constitution (131st Amendment) Bill, 2026, which aimed to increase the size of the Lok Sabha to facilitate a nationwide delimitation. The failure of this bill led to the withdrawal of both the Delimitation Bill, 2026, and the Union Territories Laws (Amendment) Bill, 2026, leaving the delimitation timeline unresolved.
Advocate Yogamaya MG, represented by Senior Advocate NS Nappinai, has urged the Supreme Court to mandate that the Union government implement the Women’s Reservation Act using census data from 2001 or 2011 under the Delimitation Act, 2002. The petitioner emphasizes that such implementation should not be stalled by future census and delimitation exercises.
Underrepresentation of Women in Indian Politics
The plea stresses the persistent gender disparity in political representation, noting that women make up only about 13.6% of the Lok Sabha and 14% of the Rajya Sabha, figures that are significantly lower than the global average. The petition further argues that structural barriers such as patriarchal norms, economic dependence, and limited political resources hinder meaningful political empowerment of women, despite constitutional guarantees of equality.
More Read
The petitioner also challenges the notion that current female representation is sufficient, arguing that many women in politics are often there due to political family ties, party backing, or public celebrity rather than grassroots movements. The reservation framework, according to the petitioner, should be viewed as a corrective measure that fosters the emergence of grassroots women leaders capable of participating effectively in legislative processes.
Impact of Women Legislators
In support of the argument, studies are cited to show that women legislators often outperform their male counterparts in less-developed areas, particularly in completing infrastructure projects, and are generally less likely to face criminal charges or misuse public office for personal gain. The petitioners strongly advocate for the Supreme Court to facilitate the immediate implementation of the Women’s Reservation Act to empower women in Indian legislatures.
