Recently, the Delhi High Court issued a notice on a plea challenging the constitutional validity of the delimitation clause under Article 334A(1) of the Constitution, which makes delimination a prerequisite for implementing women’s reservation in the Lok Sabha and State Legislative Assemblies. The Court observed that the challenge pertains to a constitutional amendment, necessitating precise framing of the petitioner’s prayers.
The petition, filed by the National Federation of Indian Women, contests the Constitution (One Hundred and Twenty-Eighth Amendment) Act, 2023, which mandates the reservation of 33% of seats for women in the Lok Sabha and State Legislative Assemblies. The petitioner argues that the provision requiring delimitation before implementing women's reservation lacks historical or logical justification and is arbitrary.
The petitioner contends that the impugned clause lacks a rational basis, as the population of women remains consistent across the country, making delimitation an unnecessary precondition for implementing the reservation. The plea further asserts that such a requirement violates the Equality Code under Articles 14 and 15 of the Constitution, forming a part of the basic structure doctrine.
It was also argued that various reservations, including those for Scheduled Castes (SC), Scheduled Tribes (ST), and Anglo-Indians, have been implemented without any delimitation process. The imposition of such a requirement exclusively for women's reservations, while exempting other categories, was stated to be discriminatory and unconstitutional.
A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela noted that the challenge pertains to a constitutional amendment and directed the petitioner to amend the prayer accordingly, emphasizing that the amendment should not be referred to as an “Act” but as a constitutional amendment. Chief Justice Upadhyay remarked, “It is not an Act but a constitutional amendment. If you call it an Act, it appears that it is some litigation. The prayer should be properly worded.” The Court also issued notice to the Attorney General of India, considering that the vires of Article 334A(1) were under challenge.
Taking cognizance of the constitutional challenge, the Delhi High Court directed the Union Government to respond to the petition and listed the matter for hearing on April 9. The Court’s directive underscores the significance of the issue and the need for a thorough examination of the constitutional validity of the delimitation clause in the context of women's political representation.
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