NEW DELHI: The Delhi High Court on Wednesday issued a notice to the Centre over a plea challenging the validity of Article 334A of the Constitution, which mandates that women’s reservation in Parliament and state assemblies will take effect only after a delimitation exercise.
A bench comprising Chief Justice Devendra Kumar Upadhyay and Justice Tushar Rao Gedela sought responses from the Union government and Attorney General of India R Venkataramani on why the implementation of the 2023 Women’s Reservation Law has been made contingent upon delimitation and a fresh census.
“Since the vires of Article 334A is challenged, let notice to the Attorney General be also issued,” the court said.
The Constitution (One Hundred and Sixth Amendment) Act, 2023 introduced one-third reservation for women in legislative bodies through a series of amendments. However, Article 334A specifies that the reservation will come into force only after a delimitation exercise based on census data.
Advocate Prashant Bhushan, appearing for the petitioner, argued that the provision is arbitrary and designed to delay women’s representation in legislative bodies.
“There is no rational nexus between reservation and delimitation. This provision is merely a device to frustrate the implementation of women’s reservation,” he contended.
The petitioner further pointed out that despite the Act receiving presidential assent in September 2023, no census has been conducted, thereby postponing the reservation for women indefinitely.
During the hearing, the high court observed that the prayer section of the petition required amendments, as it incorrectly referred to the Constitutional Amendment Act as the ‘Women’s Reservation Act’.
“You are challenging Article 334A. It is a Constitutional amendment, not a standalone Act. Please ensure the prayer is properly worded,” the high court remarked.
The petitioner agreed to make necessary corrections, and the court scheduled the next hearing for April 9.