The Delhi High Court recently declined to entertain a Public Interest Litigation (PIL) seeking the urgent implementation of the “Women’s Reservation Bill, 2023,” which mandates a 33% reservation for women in the Lok Sabha for the upcoming 2024 elections. The decision was made by a division bench comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna.
The petitioner, lawyer Yogamaya MG, was advised to approach the Supreme Court, where a similar petition is already under consideration. During the hearing, Additional Solicitor General Chetan Sharma, representing the Union Government, informed the court that the Bill had become an Act. According to Article 334A, the reservation would be effective after a delimitation exercise based on the census conducted after the commencement of the Bill.
The Bill introduces Article 332A, mandating the reservation of seats for women in every state Legislative Assembly, and Article 334A, stating that the reservation will be effective after the census and subsequent delimitation. ASG Sharma remarked,
“It is an exercise after the census. It has been engrafted under the Act. It has been debated in the parliament ….This is a publicity litigation.”
The petitioner’s counsel clarified that the plea did not challenge the vires of the Bill or the Act but sought its implementation in a time-bound manner. The counsel argued,
“In the history of India, for the first time, the parliament has unanimously passed the Bill. Since 75 years, there has been no representation. Let them come and say we can do it in a time-bound manner. I am not challenging anything. I am only trying so that it can be done in a time-bound manner. Otherwise, it is not going to happen.”
Responding to these submissions, Acting Chief Justice Manmohan indicated that if urgent implementation of the Bill was sought, the petitioner would have to challenge the vires of Article 334A, as the parliament had stipulated a condition of delimitation exercise prior to women’s reservation. The bench stated,
“We cannot go behind Section 334A (the provision mandating implementation of the Act after delimitation)…You will have to pray for its quashing. We cannot do anything. Parliament has specified when it will come into force… How can any court act contrary to that.”
The petitioner eventually withdrew the plea, and the court granted liberty to approach the Supreme Court. In her petition, the petitioner had sought directions for a firm and expedited date for the implementation of the Women’s Reservation Bill 2023, considering the uncertainty surrounding the delimitation process. The plea also called for directions to the Election Commission of India to solicit responses from major political parties on their plans to implement the provisions of the bill.
The case highlights the complexities surrounding the implementation of legislative measures, particularly those involving constitutional amendments and significant electoral reforms. The court’s decision underscores the procedural and legal challenges in enforcing such changes, especially when tied to extensive exercises like census and delimitation.
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