Women’s Reservation Act: SC’s Scrutiny
The Women’s Reservation Act, 2023 seeks to reserve 33% of seats in the Lok Sabha and state legislative assemblies for women, marking a significant step toward gender equality and political empowerment. While the Act has been widely praised, it has also faced constitutional scrutiny by the Supreme Court to ensure compliance with Articles 14, 15, 330, and 332, balancing affirmative action with equality principles.
The Supreme Court’s scrutiny focuses on several key aspects:
- Constitutional Validity – The Court examines whether reserving seats for women violates the principle of equality under Article 14 or discriminates against men, ensuring that affirmative action remains reasonable and proportionate.
- Duration and Rotation – The Act provides for reservation for 15 years with rotational allocation of constituencies, raising questions about equitable representation and fairness among regions and political groups. The Court assesses whether this rotation mechanism maintains equality of opportunity.
- Impact on General Representation – SC evaluates whether the Act dilutes representation of non-reserved categories and whether political rights of men and non-reserved constituencies are reasonably protected.
- Implementation and Electoral Process – The Court scrutinizes the mechanism for notifying reserved constituencies, conduct of elections, and administrative feasibility, ensuring that the law can be effectively enforced without procedural ambiguity.
- Empowerment vs Tokenism – Judicial scrutiny also considers whether the Act genuinely enhances women’s political participation or merely results in symbolic representation without real power, ensuring alignment with the directive principles under Article 51A(e).
In its interim observations, the Supreme Court has emphasized that while affirmative action is constitutionally permissible, it must not undermine fundamental rights or lead to arbitrariness. The Court has indicated that periodic review and transparent implementation are necessary to achieve the intended social justice objectives.
In conclusion, the Supreme Court’s scrutiny of the Women’s Reservation Act ensures that the law balances gender empowerment with constitutional principles of equality, fairness, and democratic representation. By examining validity, rotation, electoral impact, and substantive empowerment, the Court reinforces that legislative affirmative action must be carefully calibrated, transparent, and enforceable, ensuring meaningful political participation of women without infringing on constitutional safeguards.