Delimitation clause: Delhi High Court seeks Centre's reply on plea over women's reservation in Parliament

New Delhi: The Delhi High Court on Wednesday sought a response from the Centre on a plea challenging the validity of Article 334A (1) of the Constitution which prescribes delimitation as a prerequisite to give effect to reservation of seats for women in Parliament.

A bench of Chief Justice D K Upadhayaya and Justice Tushar Rao Gedela issued notice to the Ministry of Law and Justice aside from the attorney general. The court issued notice to the attorney general as the vires of Article 334A(1) of the Constitution was under challenge.

The matter would be heard on April 9.

Advocate Prashant Bhushan, representing petitioner National Federation of India Women said Article 334A(l) of the Constitution, effectively defers the implementation of the Women's Reservation Act.

The law prescribes 33 per cent reservation of seats in the Lok Sabha and all state legislative assemblies for women.

Article 334A (1) says, "Notwithstanding anything in the foregoing provision of this Part or Part VIII, the provisions of the Constitution relating to the reservation of seats for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall come into effect after an exercise of delimitation is undertaken tor this purpose after the relevant figures for the first census taken after commencement of the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023 have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement."

The petitioner argued such a prerequisite was not present for scheduled castes, scheduled tribes, anglo Indians in the Lok Sabha and state assemblies.

"The impugned clause provides for a distinction that is arbitrary and unequal both according to political logic and constitutional law, and is therefore, violative of Articles 14 and 15," it added.