Today, the Supreme Court dismissed two Public Interest Litigations (PILs) related to the implementation of the Constitution (One Hundred and Sixth Amendment) Act, 2023, and the delimitation clause.

The Court observed that there was no violation of fundamental rights, particularly Article 14, and stated that it would not entertain jurisdiction under Article 32.

In the first PIL, filed by Congress leader Jaya Thakur, it was argued that the Constitution (One Hundred and Sixth Amendment) Act, 2023, which aims to introduce a 33 percent reservation for women in the Lok Sabha, the upper houses of state legislatures, and the Delhi Legislative Assembly, should not be withheld, especially after receiving overwhelming support during a special session convened for this purpose.

Although the constitutional amendment became law after receiving the assent of President Droupadi Murmu in September 2023, its implementation will be delayed until a delimitation exercise is conducted following the next census.

A bench of Justices Bela M. Trivedi and P.B. Varale dismissed the writ petition as infructuous, as the petitioner's counsel, Advocate Varun Thakur, acknowledged that he had challenged the Bill, which has now become law. Earlier, in connection with this PIL, the Court had expressed reservations about directing the Union Government to implement the 2023 Act immediately before the 2024 general elections.

In the second PIL, filed by the National Federation of India Women and represented by Advocate Prashant Bhushan, the Court expressed its reluctance to entertain the petition. Justice Bela M. Trivedi remarked that the petitioner could approach the High Court if they wished to challenge the constitutionality of the matter.

Justice Bela said: "If there is any constitutionality involved, you may challenge before the High Court."

In the NFIW's petition, the challenge was directed at the 'delimitation clause,' which sought to defer the implementation of the 33 percent women's reservation and urged the Union Government to bypass the requirement of conducting a census and a delimitation exercise before proceeding.