'We Can't Create A Right': Delhi High Court Questions Legal Basis For Seeking 50% Women Reservation In DUSU Elections

The Delhi High Court on Wednesday issued notice on a PIL seeking 50% reservation for female students in the Delhi University Students' Union (DUSU) and College Students' Union elections.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tejas Karia sought response of the Union of India through Ministry of Education, University Grants Commission and Delhi University.

The plea, filed by lawyer Shabana Hussain, seeks the reservation to ensure meaningful and effective participation of women in student governance.

It claims that despite substantial number of female students, their representation in elected student bodies remains disproportionately low in DUSU polls and other respective College Students' Unions elections under the Delhi University.

During the hearing today, Hussain's counsel submitted that this is a second petition on the issue and that the varsity, since 2024, has not taken any decision.

At the outset, the Bench questioned the counsel, saying that whether the Court can, in a mandamus, create a right, in absence of any legal statute which mentions about reservation for women in students' elections.

“See your prayers…. Where does this right accrue from? Tell us the law that every university should reserve 50 percent seats for women candidates in students union election,” the Court said orally.

Hussain's counsel said that women reservation is being given in the Parliament as well as Supreme Court and Delhi High Court's Lawyers Associations.

On this, the CJ remarked:

“Can we grant something like this? We are here to protect your rights. High Court cannot create a right. Where is this right of 50 percent representation? Which statute of DU or the DU Act provides for this reservation? In a mandamus, we only protect your rights. We cannot create a right.”

“We are not sitting here to entertain “should be matters.” We are here only to entertain your rights under the law. Where is your right? You are asking us to issue a mandamus. Mandamus is issued for a right and demand of the right and its infringement. Where is this right available to girl students?,” the CJ added.

Nonetheless, the Court issued notice on the plea and listed it for hearing in November.

Hussain submits that the existing electoral environment, including the influence of money and muscle power, violence, and other irregularities, has discouraged female students from contesting and participating in student elections.

“The petition further highlights that several issues directly concerning female students, including sexual harassment, hostel curfew timings and safety, do not receive adequate representation when women are insufficiently represented in student unions,” the plea states.

It alleges that although the Lyngdoh Committee recommendations were introduced to reform student elections and curb the influence of money and muscle power, their continued violation has adversely affected the fairness and inclusiveness of the electoral process.

Hussain submits that political participation is not limited to the right to vote, but includes meaningful representation, participation in decision-making and policy formulation.

“Therefore, merely permitting women to contest elections without ensuring adequate representation does not result in substantive equality. Greater participation of female students at the University and College level is also essential for developing future women leaders and strengthening democratic participation,” the plea asserts.

Title: SHABANA HUSSAIN v. UNION OF INDIA & ORS

Case Number: W.P.(C)-12730/2026