HC seeks Centre’s response on plea against women’s reservation clause

The Delhi High Court on Wednesday sought a response from the Central Government regarding a petition challenging the validity of Article 334A(1) of the Constitution, which mandates delimitation before implementing the reservation of seats for women in Parliament and state assemblies.

A bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela issued notices to the Ministry of Law and Justice and the Attorney General of India, as the constitutional validity of Article 334A(1) has been contested.

The petition, filed by the National Federation of India Women (NFIW), argues that the provision effectively delays the implementation of the Women’s Reservation Act, which ensures 33 per cent reservation for women in the Lok Sabha and state legislative assemblies.

Advocate Prashant Bhushan, representing the petitioner, pointed out that no such prerequisite of delimitation was imposed when reservations were granted to Scheduled Castes, Scheduled Tribes, and Anglo-Indians in legislative bodies. The petition contends that the clause is arbitrary and violates Articles 14 and 15 of the Constitution, which guarantee equality before the law and protection from discrimination.

Article 334A(1) states that the reservation for women will only take effect after a delimitation exercise based on the first census following the enactment of the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023. The provision also specifies that the reservation will expire 15 years after its commencement.

The court has scheduled the next hearing of the matter for April 9.