Women Reservation Bill, 2023
Description
Women Reservation Bill, 2023
Headline: Historic Passage of Women Reservation
Bill: 33% Seats Reserved in Parliament and State Assemblies
The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, seeking to reserve 33% of seats in Lok Sabha and state Assemblies for women has been passed in the Parliament.
The women’s reservation Bill has become the first legislation to be cleared by both Houses in the new Parliament building.
Salient features of the Bill
• Reservation for women: The Bill reserves, as nearly as may be, one-third of all seats for women in Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. This will also apply to the seats reserved for SCs and STs in Lok Sabha and states legislatures.
• Commencement of reservation: The reservation will be effective after the census conducted after the commencement of this Bill has been published. Based on the census, delimitation will be undertaken to reserve seats for women. The reservation will be provided for a period of 15 years. However, it shall continue till such date as determined by a law made by Parliament.
• Rotation of seats: Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament.
The Constitution (One Hundred and Twenty-eighth Amendment) Bill 2023 proposes to introduce new articles — 330A and 332A — in the Constitution. These new provisions will introduce the changes for Lok Sabha and Assemblies respectively.
Brief history
The Women’s Reservation Bill’s tumultuous legislative history started 27 years ago, in September 1996, when it was tabled in Parliament by the H. D. Deve Gowda-led administration. Since then, almost every administration has attempted to approve it, the UPA administration even succeeded in doing so in the Rajya Sabha in 2010, However, owing to a lack of political will and consensus, the endeavor was unsuccessful.
Views in favour of the reservation
• 15% of the total members of the 17th Lok Sabha are women while in state legislative assemblies, women on average constitute 9% of the total members. In 2015, the Report on the Status of Women in India noted that the representation of women in state assemblies and Parliament continues to be dismal. It noted that decision making positions in political parties have negligible presence of women. If a group is not represented proportionately in the political system, its ability to influence policy-making is limited.
• The Convention on the Elimination of All Forms of Discrimination Against Women provides that discrimination against women must be eliminated in political and public life. While India is a signatory to the Convention, discrimination in matters of representation of women in decision-making bodies has continued.
• A 2003 study about the effect of reservation for women in panchayats showed that women elected under the reservation policy invest more in the public goods closely linked to women’s concerns.
• The Standing Committee on Personnel, Public Grievances, Law and Justice (2009) had noted that reservation of seats for women in local bodies has enabled them to make meaningful contributions.
Views in opposition
• Separate constituencies for women would not only narrow their outlook but lead to perpetuation of unequal status because they would be seen as not competing on merit. For instance, in the Constituent Assembly, Renuka Ray argued against reserving seats for women: “When there is reservation of seats for women, the question of their consideration for general seats, however competent they may be, does not usually arise. We feel that women will get more chances if the consideration is of ability alone.”
• Opponents also argue that reservation would not lead to political empowerment of women because larger issues of electoral reforms such as measures to check criminalisation of politics, internal democracy in political parties, and influence of black money have not been addressed.
Significance of the Bill
• Gender Equality: One of the primary objectives of women's reservation in the Lok Sabha is to promote gender equality in the political sphere. Historically, women have been underrepresented in politics, and reservations help address this imbalance by providing women with a fairer opportunity to participate in decision-making processes.
• Representation: Reservation for women ensures that issues affecting women's lives are more likely to be addressed in the legislative process. Having women representatives can lead to the introduction and passage of policies that address women's concerns, such as healthcare, education, and safety.
• Diverse Perspectives: A more gender-balanced legislature can lead to a wider range of perspectives and ideas being considered when creating laws and policies. This diversity can lead to more comprehensive and effective legislation that benefits society as a whole.
• Role Model Effect: Women in politics can serve as role models for other women and girls, encouraging them to pursue careers in politics and leadership positions. This can lead to a positive cycle of increased female representation in various fields.
• Empowerment: Reservation policies can empower women by giving them a platform to voice their concerns and advocate for change. This empowerment can extend beyond politics and influence women's participation in other areas of public life.
• Social Change: Increased representation of women in politics can challenge traditional gender roles and stereotypes, contributing to broader societal changes in attitudes towards gender equality.
• Improved Accountability: Women in politics can play a crucial role in holding the government accountable for its actions and policies, especially those related to women's rights and welfare.
Issues with the Bill
• Implementation time: The Bill states: “Notwithstanding anything in the foregoing provision of this Part or Part VIII, the provisions of the Constitution relating to the reservation of seats for women in the House of People, the Legislative Assembly of State, and the Legislative Assembly of the National Capital Territory of Delhi shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after the commencement of The Constitution (One Hundred and Twenty-eighth Amendment) Bill 2023 have been published, and shall cease to have effect on the expiration of a period of 15 years from the date of such commencement.” The upshot of these conditions is that women’s reservation may not effectively be operationalised in Lok Sabha before the general elections of 2029.
• Division of seats: The Bill states that one-third of the seats in Parliament and state Assemblies will be reserved for women. However, it doesn’t specify how these seats will be identified. It’s important to remember that this proposed constitution amendment is enabling in nature. In other words, it will grant the government the power to enact a law for its implementation. Hence, it is expected that the determination of seats will be addressed by a separate law that the government will introduce.
• Rotating constituencies: The Bill states that reserved seats shall be allotted by rotation after every delimitation exercise. This implies rotation approximately every 10 years as after 2026 delimitation is mandated to take place after every census. Rotation of reserved seats may reduce the incentive for MPs to work for their constituencies as they could be ineligible to seek re-election from that constituency. A study by the Ministry of Panchayati Raj recommended that rotation of constituencies should be discontinued at the panchayat level because almost 85% women were first-timers and only 15% women could get re-elected because the seats they were elected from were de-reserved.
• No reservation in Upper House: The new Bill does not offer women’s reservation in the Rajya Sabha and state legislative councils, in keeping with the previous regimes. Women are currently underrepresented in the Rajya Sabha compared to the Lok Sabha. The Lower and Upper Houses must both adhere to the concept of representation.
What constitutional amendments will be needed to operationalise the scheme of women’s reservation?
For delimitation — which is a precondition for the implementation of reservation — Articles 82 and 170(3) of the Constitution would have to be amended.
• Article 82 provides for the readjustment of constituencies (number and boundaries) of both Lok Sabha and state Assemblies after every Census.
• Article 170(3) deals with composition of the Legislative Assemblies.
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