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EquityWireHC notice to govt on provision of reservation for women in legislature

HC notice to govt on provision of reservation for women in legislature

This story was originally published at 14:21 IST on 12 February 2025
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Informist, Wednesday, Feb. 12, 2025

 

NEW DELHI – The Delhi High Court on Wednesday issued a notice to the Centre on a petition filed by National Federation of India Women against Article 334A(1) of the Indian Constitution that says provisions 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 will come into effect after an exercise of delimitation is undertaken for this purpose after the next census. The high court has also sought the response of R. Venkataramani, the Attorney General for India, and listed the case for hearing on Apr. 9.

 

In September 2023, President Droupadi Murmu had given her assent to the The Constitution (106th Amendment) Act, 2023, which seeks to provide 33% reservation to women in the Lok Sabha and state Assemblies. However, the quota can be implemented only after the first delimitation or redrawing of constituencies after the next census, which isn't likely before 2027, is completed.

 

Appearing for the National Federation of Indian Women, advocate Prashant Bhushan said that the petitioner was only challenging the part of law that reservation for women would come into effect after delimitation and census were conducted. This provision is entirely arbitrary, Bhushan said, adding that the part does not have anything to do with the objective of the reservation. There was no rational nexus, and it was only a device to frustrate the whole objective of women's reservation in legislature, Bhusnan said. 

 

He said that in the case of reservation for women in panchayats, nothing was said about delimitation. "One can understand if you are providing reservation for scheduled caste and scheduled tribes," Bhushan said.  End

 

Reported by Surya Tripathi

Edited by Avishek Dutta

 

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