PIL for Swift Implementation of Women's Reservation Bill Quashed by Delhi HC

By: WE Staff | Monday, 18 December 2023

The Delhi High Court has refused to entertain a Public Interest Litigation (PIL) seeking urgent implementation of the Women’s Reservation Bill, 2023, ensuring 33 per cent reservation for women in the upcoming Lok Sabha Elections 2024.

The Apex Court is currently looking into a similar case, Delhi Court stated. After hearing the submissions, the bench consisting of Justices Manmohan and Mini Pushkarna also asked, "How can any court act contrary to the parliament?" The petitioner was permitted by the court to petition the Supreme Court, noting that a similar case was pending there.

SG Chetan Sharma, representing the Union Government, stated that the Bill has become an Act that is Article 334A and the reservation will take effect after the delimitation exercise. Another recently added Article 334A specifies that the women's reservation will take effect following the conclusion of the census and after the release of this bill's commencement. Delimitation will be done to reserve seats for women based on the results of the census.

The petitioner is seeking the implementation of the women's reservation in a time-bound manner, not challenging the Bill or the Act. The petitioner's counsel argues that the issue is a publicity litigation after the census and has been debated in parliament. The petitioner believes that the time-bound implementation is necessary for the first time in India's history.

The Acting Chief Justice stated that a petitioner seeking urgent implementation of a Bill must challenge the validity of Article 334A, a condition of delimitation exercise stipulated by parliament before women's reservation. The matter is already pending in the Supreme Court, and the provision needs to be quashed or the petitioner should show some good grounds. The court cannot vary the condition.

Lastly, the court has withdrawn the PIL, allowing the petitioner to seek relief from the Supreme Court.