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The Supreme Court on Friday said it would be “very difficult” for it to strike down a part of the women’s reservation law that says it will come into effect after the Census.
A bench of Justices Sanjiv Khanna and S V N Bhatti, which refused to issue a notice on a plea moved by Congress leader Jaya Thakur, that has sought immediate implementation of the Nari Shakti Vandan Adhiniyam, which seeks to reserve one-third of the seats in the Lok Sabha and state assemblies for women, before next year’s general election.
Passed by Parliament, the Bill was signed into law by President Droupadi Murmu in September.
The bench said there is a petition pending before the top court on the issue and it will take up Thakur’s plea along with that on November 22.
“This is a step taken, which is a very good step,” the bench said, as it refused to accept the argument of senior advocate Vikas Singh, who appeared on behalf of Thakur.
The lawyer had said it is understandable that for the grant of reservation to backward classes, a census is required for data collection but wondered where does the question of a census arise in the case of women’s reservation. Singh said the part of the law that says it will be implemented after the Census is arbitrary and must be struck down.
“It will be very difficult for the court to do that,” the bench said. “We have understood your argument. You are saying the census is not required (for women’s reservation). But there are a whole lot of issues. Seats will have to be first reserved…” it said. Singh then asked for a notice to be issued and that the plea be listed with the other matter.
The court said it is not dismissing the plea but also not issuing a notice and only tagging it with the pending matter.
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