Indian Politics : A legal analysis
Author: Yash Bundela, Sage University, Indore
To the Point
The participation of women in Indian Politics is not excellent.Historically (since British era) we can see the women of India politically active and show good representation in politics through its leadership.But After the time of independence we can see that the participation of women in politics is very low & this is not a good feature of democracy.Constitution of India also recognises equal rights in politics without any type of gender discrimination. But our societal irrational thinking that becomes a obstacle and affect thewomen’s participation in politics. For that purpose Govt. also introduced a reservation system for women in local representation by 73rd & 74th Amendments and also by theConstitution Act 2023. Introduced a four one-third reservation in state legislature and Lok Sabha. These policies aims to eliminate barriers and ensures a participation of women in political process, that participation also strengthens the country’s democracy.
Use of legal Jargon
The legal perspective of women participation in politics Constitutional have basic under Indian constitution.There are various constitutional Provisions of Indian constitution including Article 14 equality before law. It ensures that women have a equal right to participate in a political process without Any discrimination.
Constitution Act 2023, this 106th Amendment Act that aims to provide a women’s participation In a legislative bodies. The act requires one-third seats of 33% reservation in Lok Sabha and other legislative assemblies.
As per the 73rd and 74th Amendment, it ensures the reservation of seats in local Panchayat and Municipalities That creates a grassroots Level participation of Women.
The Proof
The necessity of increasing of Women’s participation and its representation Is understood through its underrepresentation in political institution. The evidence for the women’s representation in politics in India is the enacted reservation law in legislative bodies. These policies & statutes show the less no. of representation of women and needs to increase it by various programmes. The judiciary also recognise the gender equality, affirmative actions for women. It also supports the decreasing of barriers, such as gender inequality and other obstacles in their representation.
Abstract
Political representation and participation of women in India is very low that a not good sign for democracy. Even if women have equal voting rights and opportunities as well as constitutional provision for their still there involvement in politics & democratic process is not better. The various Amendments and statutes bring forth the addressing the issue and significantly work for the political empowerment of women. The Article examines the condition of women representation, key factors of its low ratio, legal framework and challenges as well as other aspects of women participation in India’s political process.
Case law
• Lakshmi Murthy vs Union of India (2009)
In this case the constitutional validity of reservation of seats in local self government bodies and the reservation in municipalities & panchayats was challenged. The court upheld that provision of reservation was permissible and constitutional as it was designed to ensure adequate representation and upliftment of women.
• C.B. Muthamma vs Union of India (1979)
The case involved the discrimination against women officers in the Indian foreign service. The court held that the gender-based discrimination is incompatible with constitutional equality and also opportunities provision.
•Indira Sawhney vs union of India (1992).
This case is quite related to wome also, the court recognise women as a Backward class and States that 30-33% of women horizontal Reservation in each Category.
•Dattatraya Motiram More vs. State of Bombay (1953)
In this case the Bombay high court held that the reserving seats for women in the local municipalities is not a violation of Article 14 or right to equality it also upheld its Constitutional Validity.
Conclusion
Women’s Political involvement is a crucial Part of Democracy it ensures a equality and equal opportunities for all that also strengthen Democracy. As for this issue we also have a various constitutional and legal Provision as well but we need to enforce that on ground level. Because we have a lacking in practical Implementation. And we also need an integration of laws & Policies its Practical Implementation, Political Party’s Reforms, and other societal change. The Process of Women Representation in Politics not only uphold and empower the women but also appreciate constitutional Values and fair & Just society. And Politics.
FAQ’s
(1). Which Provisions for women Representation ensured by Indian Constitution ?
-Article 243 (D) and 243(T), 106th Constitutional Amendment Article 15(3). Etc.
(2). What are the challenges for Women in Political Representation?
-There are we have a various issue they includes, Social obstacles financial & lacking less opportunities by Political Parties.
(3). What Provisions included by 106th Constitution Amendment?
It includes a Provisions such as one-third reservation of Women in legislative bodies for their Better Representation.
