SC refuses to hear pleas against 2023 Women Reservation Act

Top court dismisses challenges to 2023 Nari Shakti Vandan Act, allowing for delimitation as a prerequisite for implementation
Women Reservation Act
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NEW DELHI: The Supreme Court, on Friday, refused to entertain a batch of pleas challenging the delimitation clause in the 2023 Nari Shakti Vandan Act, which reserves one-third of the seats in the Lok Sabha and state assemblies for women.

Congress leader Jaya Thakur and the National Federation of Indian Women (NFIW) had moved the apex court seeking appropriate directions to the Central government while challenging the delimitation clause in the 2023 Nari Shakti Vandan Act.

"We don't find any merit in the batch of pleas filed before us. The same are rejected," stated a two-judge bench of the Supreme Court, led by Justice Bela M. Trivedi and Justice P. B. Varale, in its order.

Women Reservation Act
Delimitation hurdle for women quota

While refusing to consider the pleas, the bench noted that Jaya Thakur's petition challenged the bill, whereas the NFIW challenged the delimitation clause of the law.

The apex court declined to examine these pleas under Article 32 of the Indian Constitution. It rejected Thakur's plea after noting that it was infructuous. However, it granted liberty to the NFIW to move the high court or any other appropriate forum for its plea to be addressed.

"NFIW can approach the proper forum or the concerned High Court to have its plea heard," the bench stated in its order.

Against the backdrop of these pleas, it is significant to note that, on September 21, 2023, the 2023 Nari Shakti Vandan Bill, which reserves one-third of the seats in the Lok Sabha and all state assemblies for women, received parliamentary approval. It is seen as a significant milestone and a boost for women's representation in legislative bodies.

Eight days after the bill's passage, President Droupadi Murmu gave her assent to it.

The NFIW had moved the apex court, challenging the constitutional validity of Article 334A(1) and certain other sections of the 2023 Act, which render delimitation of constituencies a prerequisite to the Act's implementation.

During one of its hearings while considering Thakur's plea, the Supreme Court observed that it would be "very difficult" for the court to strike down a part of the women's reservation law, which is set to come into effect after the census. At that time, the apex court also did not issue notices to the Centre or other parties on Thakur’s plea.

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