Delhi HC Issues Notice On Plea Challenging Article 334A Which Prescribes Delimitation Exercise To Implement Women's Reservation In Lok Sabha

The Delhi High Court on Wednesday issued notice on a plea challenging the constitutional validity of the delimitation clause under Article 334A (1) of the Constitution of India in so far as it renders delimitation of constituencies a prerequisite to implement women's reservation in Lok Sabha.

The provision was introduced by the Constitution (One Hundred and Twenty-Eighth Amendment) Act, 2023.

The plea has been filed by National Federation of Indian Women. The Amendment Act in question contemplates reservation of 33% seats in the Lok Sabha and all State Legislative Assemblies for women.

A division bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela sought response of the Union Government through Ministry of Law and Justice and listed the matter for hearing on April 09.

Advocate Prashant Bhushan appeared for the petitioner organization.

The bench asked Bhushan to amend the prayers of the petition by tomorrow as it used the word “Act” whereas the challenge is to the constitutional amendment.

“It is not an Act but a constitutional amendment. If you call it Act, it appears that it is some litigation. Prayer should be properly worded,” Chief Justice Upadhyay said.

The Court also issued notice to the Attorney General of India since the vires of Article 334A(1) of the Constitution of India was under challenge.

The plea states that as per the impugned clause, the (Amendment) Act in question is proposed to be enforced after an exercise of delimitation is undertaken following census.

The petition contends that the impugned clause enjoys no historical or logical rationale which render it arbitrary and unreasonable.

“…. the populations of women are consistent all across India and thus, there is no possible rationale for the census and the delimitation exercise to be a basis for allocation of seats for women's reservation,” the plea states.

It adds that the impugned clause is violative of the Equality Code which is a facet of the basic structure doctrine. It has also been submitted that onducting a delimitation exercise has never been a requirement for implementation of reservations in Lok Sabha or state legislatures.

“There are several instances of reservations for certain classes where no such delimitation clause was introduced and having delimitation as a prerequisite to only women's reservations and not for reservations for SC/STs/Anglo-Indians in the Lok Sabha and State Legislature Assembly is violative of the Articles 14 and 15, the Equality Code and consequently of the basic structure doctrine,” it adds.

Notably, the petitioner had filed a similar petition before the Supreme Court. On January 10, the Apex Court disposed of the plea with a direction that the Petitioner may take recourse to any other remedy as permissible under law.

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Title: NATIONAL FEDERATION OF INDIAN WOMEN v. UNION OF INDIA