On September 19, 2023, Prime Minister Narendra Modi delivered a historic announcement during his address to the Indian Parliament, unveiling the Women's Reservation Bill, officially known as The Constitution (108th Amendment) Bill, 2008. This ground-breaking legislation, once enacted, will provide one-third reservation for women in the lower house of Parliament, state assemblies, and the Delhi legislative assembly.
Earlier this week, the Women’s Reservation Bill was passed in the Rajya Sabha giving women 33 per cent reservation in Lok Sabha and state assemblies. A total of 454 MPs voted in favour of the bill, while 2 MPs voted against it. The Women's Reservation Bill has been named 'Nari Shakti Vandan Adhiniyam'.
Let’s delve into the key provisions of the bill, its historical journey, and the timeline for its implementation.
Current Gender Representation
Shockingly, India ranks 141st out of 185 countries globally in terms of the percentage of women in Parliament, according to data from IPU Parline.
• India's parliamentary representation of women currently stands at a mere 12.4 per cent in the Rajya Sabha, with only 31 out of 250 members being women.
• In the Lok Sabha, out of 550 members, 82 (14.9 per cent) are women, as reported by Digital Sansad, a government official website.
Key Provisions of the Bill
The Women's Reservation Bill is poised to bring about significant change in India's political landscape. The Bill proposes the reservation of approximately one-third of all seats in the Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women, as closely as possible. This reservation also extends to seats earmarked for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and state legislatures. The allocation of these reserved seats will follow a rotational system across various constituencies within states and union territories. Notably, the bill stipulates that the reservation for women will conclude 15 years after the commencement of the amendment act.
Historical Background
The journey of the Women's Reservation Bill dates back to its initial introduction in the Lok Sabha during the government of HD Deve Gowda in 1996. Former Cabinet Secretary TSR Subramanian's book, 'India at Turning Points,' highlights that it was during this time that the bill was first moved in the Lok Sabha. Subsequently, the bill underwent discussions in a Cabinet meeting on August 28, 1996, and was introduced in the Lok Sabha as the 81st Constitutional Amendment Bill on September 9, 1996.
Various attempts were made to pass the bill in subsequent years, including efforts by former Prime Minister Inder Kumar Gujral. However, these attempts faced challenges, and the bill could not proceed through the lower house. A significant breakthrough came in 2010 when the Women's Reservation Bill was successfully passed by the Rajya Sabha as the Constitution (108th Amendment) Bill. Nevertheless, it encountered obstacles in the lower house once again.
After a hiatus of 27 years, the Women's Reservation Bill has been revived.
Path to Becoming Law
Union Home Minister Amit Shah has outlined plans for implementing the Women's Reservation Bill after 2029. According to the 128th Constitutional Amendment Bill, 2023, also known as the Nari Shakti Vandan Adhiniyam, its enforcement depends on a delimitation exercise based on data from the first post-Act Census, scheduled after the upcoming general election. With an estimated 30 per cent increase in the population since the last census in 2011, there could be around 210 additional seats in the Lok Sabha, potentially raising the total to approximately 753 seats. However, specific dates for the delayed Census, which have been uncertain since 2021, need to be confirmed.
Legal experts have raised concerns about why the Census and delimitation exercise was made prerequisites for implementing women's reservations. SK Mendiratta, a former Legal Advisor to the Election Commission of India, highlighted inconsistencies with existing Constitutional Provisions. He pointed out that the Bill contradicts Article 82 and Article 170(3), which specify that the next delimitation should occur after the 2026 Census. Typically, the next Census was expected in 2031, but the Bill proposes delimitation based on the first Census post-Act, raising questions about its feasibility.
Furthermore, the bill will require approval from at least 50 per cent of state assemblies after both Houses of Parliament pass it.
Understanding Delimitation
Delimitation refers to the process of defining the boundaries of territorial constituencies in a country to reflect changes in population. The last delimitation exercise in India occurred in 1976, and the current boundaries of Lok Sabha and State Assembly constituencies were established based on the 2001 Census. These seat allocations have remained unchanged since the 1971 Census. A Constitutional amendment in 2002 froze delimitation until the first Census conducted post-2026.
Union Home Minister Amit Shah emphasised that after the Lok Sabha election, Census, and delimitation processes are completed, a day will come when women will occupy one-third of seats in the House, playing a pivotal role in shaping the future of the country. The next general election is scheduled for April-May 2024.
Key Issues and Criticisms
While the Women's Reservation Bill represents a significant step toward gender equality in politics, it has also sparked several criticisms and debates.
• Critics argue that the bill may not address gender inequality effectively, as women's participation might not be perceived solely on merit. Furthermore, they assert that the policy diverts attention from more pressing electoral reform issues, such as the criminalisation of politics and the lack of inner-party democracy.
• The reservation of parliamentary seats for women limits voter choice to female candidates, leading some experts to propose alternative methods, such as reservations within political parties and the implementation of dual-member constituencies.
• Another concern is the periodic rotation of reserved constituencies in each election, which might reduce an MP's incentive to work for their constituency, as they could become ineligible for re-election from that specific constituency.
The Women's Reservation Bill represents a crucial step toward gender equality in Indian politics. However, its journey from announcement to implementation is filled with challenges, including the need for synchronized efforts in the form of delimitation, Census, and state assembly approvals. The bill's impact on Indian politics and the role of women in shaping the nation's future will undoubtedly be significant.