In a recent development, the Delhi High Court declined to hear a Public Interest Litigation (PIL) advocating for the implementation of the women’s reservation law, which aims to reserve 33% of seats for women in the upcoming 2024 Lok Sabha elections. The division bench, comprising Acting Chief Justice Manmohan and Justice Mini Pushkarna, pointed out that the matter is already under consideration by the Supreme Court, thereby precluding simultaneous examination of the issue by multiple courts.
The High Court’s decision comes in light of a writ petition filed in the Supreme Court by Congress leader Dr Jaya Thakur, addressing a similar concern regarding the women’s reservation law. The Supreme Court has scheduled the hearing for January 2024, underscoring the ongoing legal scrutiny surrounding the implementation of the reservation for women in political spheres.
Highlighting the legislative framework, the bench referenced Article 334A of the Act, emphasizing the provision stipulating the law’s enforcement post the delimitation process. The bench further indicated that any challenge to the provision would necessitate a separate plea seeking its nullification and establishing a case against its validity. In this context, the bench reiterated Parliament’s specific directives concerning the enactment and enforcement of the reservation for women.
Consequently, following deliberations, the counsel representing the petitioner expressed the intention to withdraw the plea from the Delhi High Court. The bench granted the petitioner the liberty to pursue the matter directly in the Supreme Court, aligning with the principle of avoiding concurrent jurisdiction on the same issue across different judicial forums.
