NEW DELHI: The Indian government has opposed a petition to implement a law reserving one-third of seats in the Lok Sabha and state assemblies for women, contending that it does not argue how the constitutional amendment violates the basic structure of the Constitution. The petition seeks the implementation of the law before the 2024 general elections. The government has requested two weeks to respond to the petition. The Supreme Court has agreed to issue a formal notice to the government and has adjourned the matter for three weeks.
The Union government on Monday opposed a petition demanding immediate implementation of the 2023 Nari Shakti Vandan Adhiniyam, so that one-third of the seats in Lok Sabha and state assemblies are reserved for women before the 2024 general elections, contending that the plea failed to argue how the constitutional amendment fell afoul of the basic structure of the Constitution.
Raising preliminary objection to the maintainability of the petition, the Centre told a bench of justices Sanjiv Khanna and Dipankar Datta that the public interest litigation (PIL) questioning the constitutional amendments has not made any contention to demonstrate that the inclusion of census and delimitation as pre-conditions to the implementation of the 33% quota for women breached the doctrine of basic structure – a judicial check on Parliament’s power to amend the Constitution.
“Learned solicitor general is appearing in this matter. He has a preliminary objection. There is a challenge to constitutional amendment but no pleading on basic structure is there in this petition. They are also seeking some interim orders, but we have the preliminary objection to the maintainability,” advocate Kanu Agrawal, assisting solicitor general (S-G) Tushar Mehta in the case, submitted. Mehta was not present during the brief hearing.
