The Supreme Court on Monday sought to know why women shouldn’t receive representation in the Lok Sabha and state legislative assemblies even without a 33% reservation law.

“Women’s presence in Parliament is going down. Why not give women representation even without reservation?” observed a two-judge bench of Justices B V Nagarathna and R Mahadevan, while hearing a PIL filed by Dr Jaya Thakur.

The women were the largest minority in the country, observed the bench. In her plea filed before the apex court, Thakur urged the implementation of the women’s reservation law without waiting for the conduct of fresh delimitation.

After hearing the plea, the bench asked the government to respond on the PIL (Public Interest Litigation) and file a detailed response.

In 2023, Thakur filed the plea in the SC urging to implement women’s reservations in Parliament before the general elections of 2024. However, the SC then refused to entertain the petition. Thakur once again moved the SC seeking the same. During a brief hearing on Monday, the bench observed that the Preamble says (all citizens are entitled to) political and social equality.

“Who is the largest minority in this country? It is the woman… almost 48%. This is about the political equality of the woman.” Senior advocate Shobha Gupta, appearing for Thakur, termed it “unfortunate” that women have to move courts for their representation, despite 75 years of Independence. President Droupadi Murmu gave her assent in September 2023, but is yet to be implemented, she added.