The passage of the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, which mandates the reservation of one-third of seats in the Lok Sabha, state legislative assemblies, and the Delhi assembly for women, represents a significant milestone in India’s journey toward gender equality in politics. This historic bill has been unanimously passed in both the Lok Sabha and Rajya Sabha, signalling a collective recognition of the importance of empowering women in the country’s political landscape.
The key features of this transformative bill are both comprehensive and far-reaching. It introduces Article 330A, which parallels Article 330’s provisions for the reservation of seats for Scheduled Castes and Scheduled Tribes in the Lok Sabha. This bill provides for the rotation of reserved seats to different constituencies, ensuring equitable distribution across states and Union Territories. It extends the principle of reservation to seats reserved for SCs and STs as well, thereby integrating gender parity within these marginalized communities.
The bill also introduces Article 332A, mandating the reservation of seats for women in every state legislative assembly. It further extends this reservation to one-third of the total seats filled through direct elections in legislative assemblies. A new clause is added to Article 239AA, granting the National Capital Territory of Delhi the same provisions. The commencement of this reservation will depend on the census conducted after the bill’s implementation, followed by delimitation to allocate seats for women. Importantly, the reservation is set to last for 15 years, although it can be extended through a law passed by Parliament, in contrast to the provision in Article 334, which requires a review of reservation provisions after 70 years.
The need for this bill arises from the historical underrepresentation of women in Indian politics. Despite gradual improvements, the number of women MPs remains disproportionately low compared to the male counterparts. To illustrate this, India’s current ranking in the Global Gender Gap Report 2022 for Political Empowerment is 48th out of 146 countries, with a score significantly lower than the top-ranking nations. The bill seeks to address this disparity and advance the cause of gender equality.
The arguments in favour of the bill are compelling. Firstly, it is a crucial step towards achieving gender equality, aligning with international standards and conventions like the Convention on the Elimination of All Forms of Discrimination Against Women. Moreover, empirical evidence, including a 2003 study on women’s reservation in Panchayats, shows that women elected under reservation policies invest more in public goods that benefit women, demonstrating the positive impact of such policies. A more diverse legislature, including a significant number of women, can bring a broader range of perspectives to the decision-making process, ultimately leading to better policy formulation and governance.
Importantly, this reservation empowers women at various levels, not only encouraging them to participate in politics but also inspiring them to take on leadership roles in various sectors. Furthermore, women in politics often prioritize and advocate for issues that directly affect women, such as gender-based violence, women’s health, education, and economic empowerment. Their presence can lead to these issues being prioritized in policy discussions. Finally, women leaders in politics can serve as powerful role models for young girls, breaking stereotypes and inspiring future generations.
Despite these compelling arguments, there are some reservations about the bill. Some opponents argue that women are not a homogenous community like caste groups, and thus, the same arguments made for caste-based reservations do not necessarily apply to women. There is also concern that reserving seats for women might violate the Constitution’s guarantee of equality, suggesting that women’s representation should be achieved through merit rather than reservation.
Challenges regarding the bill’s implementation also include issues related to delimitation and the exclusion of OBC women. Delimitation depends on the next census figures, and the date of the next census remains undetermined, making the timing of implementation uncertain. Additionally, the bill does not include a quota for women from OBCs, a concern that has been raised, and it may require further consideration.
In conclusion, the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, represents a significant step forward in India’s pursuit of gender equality in politics. The arguments in favour of this bill are strong and point to the potential for positive change, though concerns and challenges must also be addressed. Ultimately, this bill has the potential to transform Indian politics by empowering women, increasing diversity, and prioritizing women’s issues, which will have a lasting impact on the nation’s progress toward gender equality.
REFERRENCES
- https://prsindia.org/billtrack/the-constitution-one-hundred-twenty-eighth-amendment-bill-2023
- https://www.unwomen.org/en/news-stories/feature-story/2023/10/india-passes-law-to-reserve-seats-for-women-legislators
- https://www.livelaw.in/top-stories/president-grants-assent-to-women-reservation-bill-239003
- https://timesofindia.indiatimes.com/blogs/blunt-frank/women-reservation-bill-2023-a-view-point/
- https://www.thehindubusinessline.com/blexplainer/bl-explainer-all-you-want-to-know-about-womens-reservation-bill-2023/article67324017.ece
- https://indianexpress.com/article/india/womens-bill-gets-parliament-seal-33-per-cent-quota-for-women-in-lok-sabha-state-assemblies-set-to-become-law-8950720/
- https://www.livemint.com/politics/policy/women-s-reservation-bill-immediate-implementation-is-illegal-despite-being-approved-explained-11695287131038.html
- https://www.scconline.com/blog/post/2023/09/19/nari-shakti-vandan-bill-introduced-in-lok-sabha-legal-news/
Author:- Harshitha Agrawal, a 2nd year student at West Bengal National University of Juridical Sciences, Kolkata
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