In a significant decision today, the Supreme Court dismissed two Public Interest Litigations (PILs) related to the deferment of women’s reservation in the Lok Sabha and state assemblies. The petitions challenged the Constitution (One Hundred and Sixth Amendment) Act, 2023, specifically its delimitation clause, but the Court found no fundamental rights violations under Article 14, thereby negating the application of Article 32.
The first PIL, spearheaded by a political leader, argued that the 2023 Amendment, which was designed to secure 33 percent reservation for women in legislative bodies and received presidential approval in September 2023, should not be delayed until after the upcoming delimitation post-census. However, the Court deemed this petition infructuous, as it targeted a bill that had already evolved into law.
The second PIL, initiated by the National Federation of India Women and advocated by Prashant Bhushan, contested the postponement mandated by the delimitation clause. The justices advised that such a constitutional challenge might be more appropriately directed to the High Court.
This ruling comes amidst ongoing discussions about the implementation timelines of the reservation, which cannot commence until the necessary delimitation is carried out following the next census. The decision underscores the judiciary’s stance on legislative procedural prerequisites, reinforcing the need for completion of all constitutional mandates before such significant amendments are brought into effect.
