The Supreme Court on Women’s Representation: “Women are the Largest Minority in India”

By Suryavanshi IAS

(For UPSC Prelims & Mains 2026 Aspirants)

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Context

On November 10, 2025, the Supreme Court of India, led by Justice B.V. Nagarathna, observed that women are the “largest minority” in India, yet their representation in Parliament is steadily declining.

The remark came during the hearing of a petition filed by advocate Jaya Thakur, which challenged the delay in implementation of the Nari Shakti Vandan Adhiniyam — officially the Constitution (106th Amendment) Act, 2023, providing 33% reservation for women in the Lok Sabha and State Legislative Assemblies.

Justice Nagarathna questioned why women could not be given greater representation “even without reservation”, invoking Article 15(3), which allows special provisions for women and children.

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1. About the Nari Shakti Vandan Adhiniyam (106th Amendment Act, 2023)

Feature	Description
Objective	To ensure 33% reservation for women in Lok Sabha and State Assemblies.
Constitutional Articles Added/Amended	- Articles 330A & 332A → Reservation in Lok Sabha and Assemblies. - Article 334A → Sunset clause (15 years).
Implementation Trigger	To be enforced after the next Census and subsequent delimitation exercise.
Duration	Reservation valid for 15 years, extendable by Parliament.
Assent	Given by President Droupadi Murmu on September 28, 2023.

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2. Supreme Court’s Key Observations (November 2025)

“Women are the largest minority in India. They form 48.44% of the population, yet their presence in Parliament is receding.”

— Justice B.V. Nagarathna

Highlights from the Bench:

1. Delay in Implementation:
   Justice Nagarathna questioned the need to defer enforcement until after the next Census and delimitation.

2. Constitutional Mandate:
   She referred to Article 15(3) — empowering the State to make affirmative action for women.

3. Political Justice as Fundamental:
   Political justice, she noted, stands on par with social and economic justice, echoing the Preamble’s mandate.

4. Democratic Deficit:
   The Bench remarked that women’s representation has not improved significantly even 75 years after independence.

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3. Legal and Constitutional Issues Involved

(i) Implementation Delay

• The Act does not specify any time frame for the Census or delimitation.

• Hence, the reservation could be indefinitely delayed, defeating the purpose of the amendment.

(ii) Constitutional Validity

• The petitioner, Jaya Thakur, has not challenged the validity of the Act but rather the non-enforcement of a constitutional guarantee.

• The plea argues that a constitutional amendment cannot remain suspended for an uncertain period.

(iii) Article 15(3) and Gender Equality

• Article 15(3) empowers the State to make special provisions for women.

• The Supreme Court linked this to the Directive Principles (Article 39A) promoting equal participation in public life.

(iv) Political Justice under the Preamble

• The Preamble commits to ensuring justice — social, economic, and political.

• Women’s underrepresentation directly undermines this constitutional promise.

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4. Representation of Women in Indian Politics: Current Scenario

Institution	% of Women Members (2024–25)
Lok Sabha (18th)	14.4%
Rajya Sabha	11%
State Assemblies (Average)	~9%
Panchayats (Post-73rd Amendment)	46%

While local bodies have achieved near gender parity due to constitutional quotas (Articles 243D & 243T), higher legislatures remain male-dominated.

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5. Historical Background of the Women’s Reservation Bill

Year	Milestone
1996	First Bill introduced — lapsed.
1998–2008	Multiple reintroductions — political resistance.
2010	Rajya Sabha passed Bill, but Lok Sabha did not.
2023	Reintroduced and passed as Nari Shakti Vandan Adhiniyam.

It took 27 years for India to constitutionally secure women’s reservation in legislatures.

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6. Why Representation Matters: The Gender Democracy Gap

1. Democratic Legitimacy: Equal representation enhances credibility and inclusiveness of governance.

2. Policy Impact: Evidence shows that women legislators prioritise education, healthcare, sanitation, and social justice.

3. Global Context:

   • Rwanda: 61% women in Parliament.

   • Bangladesh: 50 reserved seats.

   • Nepal: 33% mandatory representation.

   • India: 14% — below global average (26.5%).

UPSC Link:

GS Paper 2 – “Discuss the significance of political representation for achieving gender equality in India.” (UPSC 2021, Mains)

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7. Challenges Ahead

Challenge	Explanation
Delayed Census (since 2011)	Without updated Census, delimitation cannot begin.
Lack of Political Will	Implementation depends on parliamentary and executive discretion.
Intersectional Barriers	Caste, class, religion often intersect with gender inequality.
Tokenism Risk	Reservation must translate to genuine leadership participation.

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8. The Way Forward

1. Time-Bound Implementation:
   Parliament should notify Census and delimitation deadlines to activate the law.

2. Party-Level Reforms:
   Political parties can voluntarily ensure 33% women candidates even before legal enforcement.

3. Data and Monitoring:
   The Election Commission should publish gender-wise data on nominations, wins, and re-elections.

4. Capacity Building:
   Promote leadership training, funding access, and safety frameworks for women politicians.

5. Judicial Oversight:
   Courts can ensure that constitutional mandates are not indefinitely deferred under executive discretion.

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9. Significance of the Supreme Court’s Intervention

• Judicial Voice for Gender Justice: Justice Nagarathna’s remark reinforces the judiciary’s role as the guardian of constitutional morality.

• Symbolic Timing: Her being the only woman judge on the Supreme Court Bench gives the observation deeper meaning.

• Constitutional Morality: The remark aligns with the vision of the framers — Ambedkar and Nehru both argued for women’s inclusion as essential to democracy.

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Conclusion

The Supreme Court’s observation that “women are the largest minority” is not just rhetorical — it highlights a constitutional truth.

For 75 years, women have remained underrepresented in the political sphere despite forming nearly half of India’s population.

The Nari Shakti Vandan Adhiniyam is not merely a law — it is a test of India’s democratic maturity.

As Justice Nagarathna rightly observed, political justice must stand equal to social and economic justice.

Delaying its implementation undermines not just women’s empowerment, but the constitutional promise of equality itself.

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🧾 Prelims Quick Revision Notes

Theme	Key Fact	UPSC Relevance
106th Amendment (2023)	33% reservation for women in Lok Sabha & Assemblies	Polity
Implementation	After Census + Delimitation	Constitutional Mechanism
Article 15(3)	Special provisions for women & children	Fundamental Rights
Article 334A	15-year validity clause	Amendment Detail
Women in Lok Sabha	14.4% (2024–25)	Data-based Question
Justice B.V. Nagarathna	Only woman SC judge (2025)	Current Affairs
Precedent	73rd & 74th Amendments (Local bodies reservation)	Comparative Question

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🧠 UPSC Mains Practice Questions

Q1.

“Women’s reservation in Parliament is not charity, but constitutional justice.”

Discuss in light of the Nari Shakti Vandan Adhiniyam and the Supreme Court’s recent remarks.

(GS Paper 2 – Indian Constitution and Women Empowerment)

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Q2.

Critically analyse the challenges in implementing the 106th Constitutional Amendment Act. How can Parliament ensure time-bound operationalisation?

(GS Paper 2 – Governance)

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Q3.

“Political justice is the foundation of all other forms of justice.”

Evaluate this statement in the context of women’s representation in Indian legislatures.

(GS Paper 2 – Preamble and Political Justice)