Supreme Court Dismisses Two PILs Challenging Deferment Of Women's Reservation In Lok Sabha & State Assemblies

The Supreme Court today (January 10) dismissed two Public Interest Litigations (PILs) concerning the implementation of the Constitution (One Hundred and Sixth Amendment) Act, 2023 and challenging the delimitation clause respectively. The Court orally remarked that there is no question of violation of fundamental rights least Article 14 and therefore, Article 32 jurisdiction will not be entertained. 

In the first PIL filed by Congress leader Jaya Thakur, it was claimed that the Constitution (One Hundred and Sixth Amendment) Act, 2023, which proposes to introduce 33 percent women's reservation in the Lok Sabha, the upper houses of the state legislatures, and the Delhi legislative assembly, once passed with overwhelming support in a special session called for the purpose, cannot be withheld.

Although the constitutional amendment was made into a law after the assent of President Droupadi Murmu in September 2023, the act will not be implemented until a delimitation exercise is conducted following the next census. 

A bench of Justices Bela M. Trivedi and PB Varale dismissed this writ petition as infructuous as the petitioner's Counsel Advocate Varun Thakur stated that he had challenged the Bill, which has now become legislation. Earlier, on this PIL, the Court had expressed reservations about directing the Union Government to immediately implement before the 2024 general elections, the 2023 Act.

Whereas, in the second PIL filed by the National Federation of India Women, represented by Advocate Prashant Bhushan, the Court stated that it is not inclined to entertain. Justice Bela added that the petitioner could approach the High Court if it wants to challenge the constitutionality. 

Justice Bela said: "If there is any constitutionality involved, you may challenge before the High Court."

In the NFIW's petition, the challenge was to the 'delimitation clause' which sought to defer its implementation and urged the union government to dispense with the requirement of conducting a census and a delimitation exercise first.

Case Details: DR. JAYA THAKUR v. UNION OF INDIA AND ANR., W.P.(C) No. 1181/2023 & NATIONAL FEDERATION OF INDIAN WOMEN (NFIW) v. UNION OF INDIA., W.P.(C) No. 41/2024