Author: Vani Paigwal, Lords University
ABSTRACT
In India’s quest for gender parity in polit
ical representation, the Women’s Reservation Act, 2023, represents a significant advancement. In order to remove obstacles to women’s involvement in governance, the Act reserves 33% of seats in Parliament and State Assemblies for women. The legislative framework, the Act’s socio-legal ramifications, and the issues it aims to resolve are all covered in detail in this article. It concludes with a critical evaluation of the Act’s possible effects on Indian politics after reviewing case law and global gender quota models.
The Women’s Reservation Act was created to rectify gender disparities in parliamentary representation.
Among its salient characteristics are:
Seat Reservation: Women are entitled to one-third of the seats in both the State Legislative Assemblies and Parliament.
Rotation System: To guarantee fair representation, designated constituencies shall alternate on a regular basis.
Implementation Schedule: The Act offers a phased implementation structure that is connected to the upcoming delimitation and census.
Upper House Exclusion: Neither the Rajya Sabha nor the Legislative Councils are required to have reservations under the Act.
The Act reinforces affirmative action to advance gender equity in accordance with Article 15(3) and Article 243D of the Constitution.
USING LEGAL JARGON
Policies that support under-represented groups in order to advance equality are known as affirmative action.
Constitutional Mandate: Responsibilities deriving from the Constitution, including Article 14 and Article 15 obligations to ensure equality.
Redrawing electoral constituency borders using demographic statistics is known as delimitation.
The goal of the proportional representation electoral system is to fairly represent a variety of groups.
Mandatory representation to guarantee that women have a minimum proportion of seats is known as a gender quota.
The Act’s necessity is highlighted by the proof statistical data:
Women make up just 14% of Parliamentarians as of 2023, which is much less than the global average of 26.7%.
Women’s participation significantly increased in states like Rajasthan and Bihar that implemented gender quotas in Panchayati Raj institutions, demonstrating the efficacy of such policies.
Comparing international examples, nations such as Sweden (47%) and Rwanda (61% female representation) have shown that gender quotas increase policy variety and inclusivity.
CASE LAWS
INDIRA SAWHNEY V. UNION OF INDIA (1992)
Affirmative action policies were impacted by this case 1992 case of, which clarified the Constitution’s definition of reservations.
NAVEEN JINDAL V. UNION OF INDIA (2004)
This case examined how laws and basic rights interact with regard to the application of gender quotas.
RAJBALA V. STATE OF HARYANA (2015)
This case brought attention to the difficulties women experience in rural government and emphasised the significance of reservations.
LILY THOMAS V. UNION OF INDIA (2013)
Examining electoral disqualifications had an indirect impact on women’s representation.
VIJAYASHANKAR V. KARNATAKA STATE ELECTION COMMISSION (2011)
In the 2011 case of Vijayashankar v. Karnataka State Election Commission , the legitimacy of gender-based reservations in local government was upheld.
CONCLUSION
In India’s political sphere, the Women’s Reservation Act, 2023, is a positive step towards gender equality. The Act has the potential to completely transform women’s representation, but its success hinges on careful execution, popular backing, and tackling related issues like socioeconomic hurdles. The Act promotes greater inclusivity, which fortifies democratic principles and opens the door to a more just society.
