Author: R. Tejasree, Damodaram Sanjivayya National Law University
To the point
The concept of reserving seats for women in Parliament has been a recurring and often debated issue in Indian politics, resurfacing at various times for diverse reasons. For most women, the intertwined barriers of gender, caste, and class further intensified by deeply rooted patriarchal norms create significant obstacles to their active political involvement. Hence, any comprehensive evaluation of women’s political reservation and involvement must consider these overlapping issues.
The Constitution (106th Amendment) Act, 2023, requires that one-third of all seats in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly be reserved for women, including within the seats already designated for Scheduled Castes and Scheduled Tribes. This provision will come into effect after the first census conducted following the Act’s implementation and will remain in force for 15 years, subject to possible extension through parliamentary decision. The specific seats reserved for women will be rotated based on parliamentary legislation following each delimitation exercise. At present, women constitute approximately 15% of the members in the 17th Lok Sabha (2019–2024), while their representation in state assemblies averages around 9%.
In 1985, Karnataka became the first state to introduce 25% reservation for women in Mandal Praja Parishads, including a sub-quota for women belonging to Scheduled Castes and Scheduled Tribes. Two years later, in 1987, the then undivided Andhra Pradesh implemented a 9% reservation for women in gram panchayats. Odisha followed in 1991 by introducing 33% reservation for women in Panchayats. This initiative was later adopted nationwide through the 1992 Constitutional amendment, which mandated a 33% reservation for women in Panchayati Raj Institutions, along with a sub-quota for SC and ST women.
Abstract
The Women’s Reservation Bill, officially titled the Constitution (106th Amendment) Act, 2023, seeks to allocate one-third of all seats in the Lok Sabha and state legislative assemblies for women. Hailed as a significant step toward achieving gender parity in political representation, the Bill addresses a long-standing call to enhance women’s participation in India’s democratic institutions. Although its approval in Parliament was widely regarded as a progressive milestone, the actual rollout dependent on a delimitation process following the 2026 census has sparked important concerns. This article delves into the Bill’s socio-political backdrop, the journey leading to its enactment, the hurdles in its implementation, and its wider impact on Indian politics and gender equality.
Historical Background of Women’s Reservation in India
The movement for women’s reservation in India traces back to the Indian national movement. In 1931, leading figures like Begum Shah Nawaz and Sarojini Naidu highlighted the significance of women’s political representation in a letter addressed to the British Prime Minister. Despite these early appeals, progress remained gradual. A major development occurred in 1988 when the National Perspective Plan for Women recommended the reservation of seats for women, spanning from the panchayat level to Parliament.
The history of women’s reservation in India is marked by several significant milestones. In 1996, the first Women’s Reservation Bill was introduced in Parliament, proposing the allocation of one-third of seats in legislative bodies to women. Though the bill was approved by the Rajya Sabha in 2008, it was never brought up for debate in the Lok Sabha, which eventually led to its lapse.
Later, in 2013, a committee put forward a recommendation to ensure at least 50% reservation for women across all decision-making bodies, reflecting a growing push for stronger gender representation in governance.
India, as a signatory to the 1979 Convention on the Elimination of All Forms of Discrimination Against Women, is committed to eliminating gender-based discrimination in political and public life. Although there has been some progress, women’s representation in decision-making bodies remains limited, rising from just 5% in the first Lok Sabha to 15% in the 17th Lok Sabha. Attempts to enact constitutional amendments for reserving seats for women in Parliament and state assemblies were undertaken in 1996, 1998, 1999, and 2008. However, the Bills introduced in the first three years lapsed due to the dissolution of the respective Lok Sabhas, and the 2008 Bill, despite being passed in the Rajya Sabha, also lapsed with the conclusion of the 15th Lok Sabha.
Going forward, the implementation of women’s reservation will also need to comply with the “Triple Test” established by the Supreme Court. The 1996 Bill was evaluated by a Joint Parliamentary Committee, while the 2008 Bill was scrutinized by the Standing Committee on Personnel, Public Grievances, Law, and Justice.
The 2008 Bill, as passed by the Rajya Sabha, proposed that one-third of Lok Sabha seats in each state or union territory be reserved for women, with these reserved seats rotated after every general election to Parliament or the legislative assembly. In contrast, the 2023 Bill also reserves one-third of seats for women but specifies that the rotation of these seats will occur after each delimitation exercise.
Comparative Global Perspective
More than 130 countries worldwide have adopted various forms of political quotas for women. Countries such as Rwanda, Sweden, and Norway are at the forefront of achieving gender balance in their legislatures. In contrast, India—despite being the largest democracy lags behind, with women holding only around 14% of Lok Sabha seats as of 2023. Effectively implementing the Women’s Reservation Bill has the potential to significantly improve India’s position in global gender rankings and establish it as a leader in inclusive democratic practices.
Role in Promoting Gender Equality
The Women’s Reservation Bill goes beyond increasing representation; it symbolizes a deeper commitment to advancing gender equality. Its impact is significant, aiming to amplify women’s voices in politics and contribute to a more just and balanced society. More than just a legislative proposal, the bill reflects a vision of good governance rooted in inclusivity and empowerment. Ultimately, it holds the potential to transform Indian politics and society by guaranteeing women a rightful place in decision-making, paving the way for a more equitable and inclusive future for all. The Women’s Reservation Bill marks an important move toward providing women with equal opportunities in politics. By setting aside a specific portion of seats for women in legislative bodies, the bill seeks to enhance representation and promote more inclusive and varied decision-making.
Use of legal jargon
The Constitution (106th Amendment) Act, 2023, aims to improve women’s political representation in India by allocating one-third of the seats in the Lok Sabha and State Legislative Assemblies exclusively for women. However, despite the enactment of this legislation, women’s participation in politics continues to be limited, highlighting persistent obstacles within a patriarchal political framework. Overcoming these challenges is essential to realizing genuine gender equality in governance.
From a constitutional standpoint, the Bill modifies Articles 330A and 332A to make the reservation of seats for women a mandatory provision following the completion of delimitation. It includes a sunset clause of 15 years from its commencement, allowing for regular reassessment to maintain the relevance and adaptability of the reservation. On the legal front, potential constitutional challenges could emerge if the delay in implementation is perceived as arbitrary or discriminatory. Nevertheless, the explicit intent of Parliament and the built-in procedural safeguards are likely to protect the law from being struck down by the judiciary.
Conclusion
The 106th Amendment marks a crucial move toward increasing women’s presence in Parliament. Nevertheless, reserving seats alone is insufficient; proactive efforts are needed to empower women and foster their leadership. By allocating one-third of the seats in Parliament and state legislatures for women, the bill seeks to guarantee greater representation and inclusion of women’s perspectives. Though it has encountered hurdles and resistance, the bill underscores the urgency of increasing female participation in leadership and decision-making. Going forward, backing this initiative is vital to building a more equitable and inclusive political environment in India, where women’s concerns can be effectively addressed.
FAQS
1. What is the Women’s Reservation Bill and why is it important?
The Women’s Reservation Bill proposes to reserve one-third of the seats in the Lok Sabha and state legislative assemblies for women. Its significance lies in strengthening women’s participation and voice in the political arena.
2.When was the Women’s Reservation Bill first introduced?
The bill was first presented by the United Front government in September 1996.
3.Why is the Women’s Reservation Bill necessary?
The bill is essential to uplift women’s position in society and to ensure their inclusion in key decision-making roles.
4.Why do some people oppose the Women’s Reservation Bill?
Critics claim that, unlike caste-based groups, women do not form a homogenous category and argue that such reservations might contradict the constitutional principle of equality.
5.Are there existing political reservations for women?
The 73rd Amendment Act has already established the reservation of one-third of seats for women in elections to local governing bodies.
6.How does the bill affect gender equality?
By enhancing women’s representation in politics, the bill is expected to advance gender equality and lead to more inclusive policymaking on women’s issues.
7.what is historical background of the Women’s Reservation Bill?
Since 1996, the bill has been debated in Parliament multiple times but has faced repeated delays and resistance.
8.What is the current scenario of women’s representation in India?
As of 2023, women occupy around 15% of seats in Parliament an improvement over past figures, yet still indicating a considerable underrepresentation.
