The Women’s Reservation Bill 2023, or the Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, was passed in both the Lok Sabha and Rajya Sabha on September 20 and 21, 2023, respectively. The chief objective of the bill was to introduce 33 per cent reservation of the total number of seats in the Lok Sabha and state legislative assemblies for women including those reserved for schedule castes (SCs) and schedule tribes (STs). Also titled as ‘Nari-Shakti Vandan Adhiniyam’, the bill became an act after getting the presidential assent on September 28, 2023 as the Constitution (One Hundred and Sixth Amendment) Act, 2023.
The Women’s Reservation Bill, 2023 is the first legislation to be passed in the new Parliament building by both the Houses, thereby marking the symbolic commencement of the new Parliament building.
According to the act, one-third of all seats in the Lok Sabha and state legislative assemblies (including the Legislative Assembly of the National Capital Territory of Delhi) are reserved for women. This provision will also be applicable to the seats in the Lok Sabha and state legislatures that are meant for SCs and STs.
Key Features of the Act
Reservation in the Legislative Assembly of Delhi
• One-third of seats reserved for SCs in the Legislative Assembly of Delhi are designated for women.
• One-third of the total seats filled by direct election, including those reserved for women from SCs, are reserved for women as determined by Parliament.
Reservation in the Lok Sabha
• A new Article 330A has been introduced, reserving seats for women in the Lok Sabha.
• Nearly one-third of the total seats reserved under Article 330A are for women from the SCs or STs category.
• One-third of the total seats filled by the direct election to the Lok Sabha, including those reserved for women from SCs and STs, are reserved for women.
Reservation in State Legislative Assemblies
• A new Article 332A has been introduced, reserving seats for women in the legislative assembly of every state.
• One-third of the total seats reserved under Article 332A are for women from SCs or STs.
• One-third of the total seats (including those reserved for women from SCs and STs) filled by direct election in every state legislative assembly are reserved for women.
Implementation and Duration
• Article 334A outlines the implementation and duration of the 2023 Act.
• Reservation provisions take effect after a delimitation exercise following the first census post the Amendment Act’s commencement in 2023.
• Reservation ceases after fifteen years from the Amendment Act’s commencement.
• Rotation of reserved seats occurs after each subsequent delimitation exercise as determined by Parliament, i.e., a 15-year cap.
Constitutional Provisions
In 1993, panchayats and municipalities were included in the Constitution when the 73rd and 74th amendments were passed. According to these amendments, one-third of the total seats are reserved for women in these bodies. The Indian Constitution states the provisions for reserving seats for SCs and STs in the Lok Sabha and state legislative assemblies. The number of such seats reserved is in proportion to their strength in their respective constituencies. However, there is no provision in our Constitution regarding the reservation of seats for women in the Lok Sabha and state legislative assemblies. This is because, at the time of framing our Constitution, there were some members of the Constituent Assembly who were against the reservation of seats for women in such bodies.
At present, in the 17th Lok Sabha, merely 15 per cent of all members are women, while in state legislative assemblies, just 9 per cent of all members are women. As per the Report of the High Level Committee on Status of Women in India, 2015, the representation of women in politics is negligible. So, it was recommended that around 50 per cent of total seats in government bodies at different levels, such as Parliament, state legislative assemblies, and local bodies must be reserved for women.
Requirement of Constitutional Amendments
As reservation can be put into effect only with a precondition of delimitation, it is necessary to carry out delimitation. In order to do so, Articles 82 and 170(3) of the Indian Constitution are required to be amended. Article 82 provides for readjusting constituencies (including their number and boundaries) of the Lok Sabha as well as state legislative assemblies whenever census is held. Article 170(3) provides for composing the legislative assemblies.
Historical Perspective
At the time of India’s freedom struggle, the issue of representation of women in the Government of India was mooted and became an important point of discussion. However, while framing India’s Constitution, women members feared that reservations for women in politics may restrict their representation. So, they did not demand such reservations. One of the important members of the Constituent Assembly, Renuka Ray, pointed out several issues that might arise due to reservation and emphasised that the sole criterion should be capability.
However, after India gained independence, it was hoped that women would get representation in the legislative bodies but in vain.
Later, with the implementation of the 73rd and 74th constitutional amendments, a similar quota for women in legislatures was demanded. So, several governments made efforts to pass the Women’s Reservation Bill, but did not succeed. In order to reserve seats for women in Parliament and state legislative assemblies, bills amending the Constitution were introduced in 1996, 1998, 1999, 2008, and 2010, respectively. As the Lok Sabhas introducing the first three bills were dissolved, these bills were lapsed. As far as the 2008 Bill is concerned, it was passed by the Rajya Sabha, but when the 15th Lok Sabha was dissolved, it also lapsed. Further, the 2010 Bill was delayed in the Lok Sabha, as it was opposed by the opposition despite being passed in the Rajya Sabha.
The committees that examined the 1996 and 2008 Bills recommended
• to take into account the reservation for women of the other backward classes (OBCs) category, whenever deemed necessary;
• to state the provision for a 15-year reservation and then, reconsider it; and
• to brainstorm the modalities in which women can get reservation in the Rajya Sabha and state legislative councils as well.
Issues Related to the Act
Some issues related to the act that should be taken into account are as follows:
• The act does not state any provisions regarding the reservation of seats for women in the Upper House, i.e., Rajya Sabha, and state legislative councils. Here, the representation of women is already low.
• The reservation for women in legislative bodies will only be enforced following the completion of delimitation. The 2021 census was postponed due to the COVID-19 pandemic, hence the census has been rescheduled for 2024-25, pending further orders. The delay in the census directly impacts the timeline of delimitation and the implementation of the act.
• The act does not include a provision for reservation of OBC women. Given that OBCs constitute 41 per cent of the population according to the 2011 census; their representation in legislative bodies is deemed inadequate.
• The delimitation exercise that is a prerequisite for the implementation of the act might cause a north-south divide. It needs to be conducted based on the census, so the states in South India may lose owing to their low population. The government must step in to clarify the process of this exercise to prevent this discrimination.
• The implementation of the act still needs a huge amount of administrative work that might take several years, as electoral constituencies need to be redrawn.
Why the Need for Reservation
The seats must be reserved for women in the legislatures of the country due to the following reasons:
- Women would not be able to participate in policy-making if they do not get the opportunity to represent themselves proportionately in the political system of the country.
- Efforts must be made to remove discrimination against women both in public and political life as per the Convention on the Elimination of All Forms of Discrimination against Women. Though our country participates in the Convention, women have been discriminated against their representation in the legislatures.
- According to a study conducted in 2003, women who were elected in panchayats became interested in goods associated with women and thus invested more in them.
- As per the Standing Committee on Personnel, Public Grievances, Law and Justice (2009), women have made significant contributions to politics owing to the reservation of seats in local government bodies.
Significance of the Act
- The act advocates gender equality, as women can now hold decision-making positions in the government. They will be authorised to participate in framing policies and laws for the entire nation.
- The act deals with the issue of gender inequality in the political system of India by ensuring that women’s perspectives and concerns are taken into account in the legislative bodies of the country, thereby bridging the gap.
- As more and more women will participate in the political affairs of the country, diverse perspectives and experiences will be introduced in Parliament. As a result, the process of policy-making would be seasoned and wide-ranging hence more accountability in governance.
- Well-informed laws can be formulated owing to the varied and unique inputs regarding education, health care, family welfare, and gender-based violence from women belonging to all walks of life.
- The act will provide a means to bring about positive change in society. Young girls can look up to the women in legislative bodies as their role models.
- Representation of women in politics will ensure enhanced outcomes for social development. According to a study, the countries in which women’s participation in politics is at higher levels have improved outcomes in education, health care, and other such sectors.
- A culture of inclusivity will be established in Indian politics women from a wide range of backgrounds, even from marginalised communities, will enter politics.
- Women’s rights, education, health care, and other such issues will be prioritised by women leaders. Thus, public services and policies will be improved in these fields.
- Laws that are meant for protecting women’s rights, including workplace harassment, domestic violence, and discrimination will be enacted and strengthened by women political leaders.
Global Scenario for Women’s Political Representation
It has been observed that the level of women’s representation in government is low all around the world, including India. Women’s representation in government is below 33 per cent in 134 out of 185 countries. In other 91 countries, women’s representation in politics is below 25 per cent, while India has merely 15 per cent women’s participation in government despite a considerable increase in such participation over the past few years.
However, around 107 countries have fixed a quota for women in government taking into account the pivotal role that women play in society. Some of these countries are Germany, the UK, Australia, Sweden, and the UAE. The highest women participation is witnessed only in six countries, namely, Rwanda at 61 per cent, Cuba at 53 per cent, Nicaragua at 52 per cent, Mexico at 50 per cent, New Zealand at 50 per cent, and the UAE at 50 per cent, in their respective Lower Houses. Further 23 countries have achieved 40 per cent or more of women’s participation in government; these include 13 nations in Europe, six in Africa, three in Latin America and the Caribbean, and one in Asia.
One nation in Asia that has achieved some 40 per cent women’s participation is Timor-Leste, also known as East Timor.
According to UN Women’s data, the proportion of women’s participation in the Lower House in various countries of the world is around 26 per cent, which is more than 11 per cent in 1995.
Views Regarding the Act
While talking about women’s rights in Parliament during a special session of introducing the legislation, Prime Minister Narendra Modi stated, “I have been chosen by God for this auspicious step.” Later, he posted on Twitter, “A historic moment in our country’s democratic journey! With the passing of this bill, the representation of women’s power will be strengthened and a new era of their empowerment will begin.”
Sonia Gandhi, a leader of the Indian National Congress, said, “I stand here in support of the Nari Shakti Vandan Adhiniyam. From smoke-filled kitchens to flood-lit stadiums, the Indian women’s journey has been a long one.” However, she asked for a sub-quota for women of OBC categories as well.
Flavia Agnes, a women rights activist, termed the Amendment Act as a way forward, however, pointed out the commitment of political party towards empowerment of women within political sphere will get better picture, when they allocate tickets to women candidates in 2024 Lok Sabha elections.
Besides, PDT Achary, former Lok Sabha secretary and constitutional expert also expressed his disappointment, as the implementation of the act will be postponed till 2026 when the delimitation will be done.
Conclusion
A progressive and transformative legislation, the act is a crucial step in obtaining gender equality in the country’s government system. It is the need of the hour to enable the act to gain momentum so that concrete change can be brought about in the country.
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