The Supreme Court has issued notice to the Central government on a Public Interest Litigation (PIL) seeking immediate implementation of the Women’s Reservation Act delimitation Supreme Court issue before the 2029 Lok Sabha elections. The petition asks the Court to enforce the 33% reservation for women without waiting for a fresh Census and delimitation exercise. A Bench of Justice B.V. Nagarathna and Justice R. Mahadevan heard the matter and sought the Centre’s response.
PIL Challenges Delay in Implementing the 2023 Amendment
The petition challenges the conditions attached to the Constitution (128th Amendment) Act, 2023.
Although Parliament enacted the law to reserve one-third of seats for women in the Lok Sabha and State Legislative Assemblies, the Act states that the reservation will take effect only after the first Census conducted after its commencement. It also requires a subsequent delimitation exercise.
The petitioner argues that these conditions unnecessarily delay the implementation of the law. As a result, women may not receive the benefit of reservation in the 2029 general elections.
Delimitation Timeline Remains Uncertain
The PIL points to recent developments that have created uncertainty over future delimitation.
The Constitution (131st Amendment) Bill, 2026, which proposed increasing the strength of the Lok Sabha to facilitate nationwide delimitation, failed to secure the required two-thirds majority in Parliament.
Following the Bill’s defeat, the Union government withdrew the Delimitation Bill, 2026, and the Union Territories Laws (Amendment) Bill, 2026.
According to the petitioner, these developments leave no clear timeline for conducting delimitation.
Petitioner Suggests Using Existing Census Data
Senior Advocate N.S. Nappinai, appearing for Advocate Yogamaya M.G., argued that the government can implement the reservation by relying on the 2001 or 2011 Census data.
The petition requests the Supreme Court to direct the Centre to use the existing framework under the Delimitation Act, 2002, instead of waiting for a future Census with no fixed schedule.
Petition Highlights Women’s Low Representation
The PIL also highlights the low representation of women in Parliament.
According to the petition, women constitute only 13.6% of the Lok Sabha and about 14% of the Rajya Sabha after the 2024 general elections.
It argues that India continues to lag behind the global average for women’s parliamentary representation. The petition attributes this gap to economic dependence, social barriers, political discrimination, and limited access to resources.
Focus on Grassroots Leadership
The petitioner contends that the existing political system often favours candidates with political family backgrounds, celebrity status, or party influence.
The PIL argues that reservation would create greater opportunities for grassroots women leaders. It also cites studies suggesting that women legislators often perform effectively in less-developed constituencies, deliver better infrastructure outcomes, face fewer criminal allegations, and are less likely to misuse public office.
The Supreme Court will now consider the Centre’s response as it examines the Women’s Reservation Act delimitation Supreme Court challenge and the request to implement the constitutional amendment before the 2029 general elections.
