Author: Roqaiya Fatma, Aligarh Muslim University
To The Point
“Without equal representation, democracy remains incomplete.”
Despite this,India proudly calls itself a country that everyone treats equally but the reality is very different for the women. They are still being left out of the important places where the decisions about the country are made. In 2024, women hold only 15% of the seats in the Lok Sabha, which clearly shows that patriarchal thinking is still strong in our political system. Women are not being given the fair chances which they deserve to lead and represent the people.In most State Assemblies, the number of women is even lower. This means women are mostly just watching the political process instead of being a real part of it. For many years, political parties have promised to give more chances to women, but these promises have not been kept. They have only made small symbolic efforts without taking real steps. Trying to fix this problem without a law has not worked. Now, it’s not just a discussion , it has become a serious problem for our democracy.The absence of women from legislatures is a direct violation of the constitutional values, and the only reliable solution is a compulsory legislative quota that guarantees their rightful place in power. Without this, the goal of real equality and a democracy where everyone is fairly represented will never become a reality and it will stay, just a far-off dream.
Use of legal jargon
The Constitution of India doesn’t just suggest equality whereas it demands it. Article 14 declares that every citizen is equal before the law, and Article 15 strictly forbids any form of discrimination on the basis of gender,race and cast.yet, even with these strong rights given by the Constitution, women are regularly left out of political spaces in a planned and unfair way. Thankfully, Article 15(3) allows the government to take special steps to support and uplift women. This part of the Constitution is the main support for giving extra help where needed. That’s why giving women a fixed share of seats in legislatures (through quotas) is not just fair — it is something the government must do, both morally and legally.These quotas reflect the true meaning of real equality, fair participation in government, and respect for the values of the Constitution. They are an important way to fix the unfair treatment women have faced in the past. Without such steps, the promise of equal rights will remain just words written on paper, and keeping women out of politics will go against what the Constitution truly stands for.
The proof
The numbers clearly show a serious problem for themselves. In the 17th Lok Sabha of 2019, only 78 women were elected out of 543 members, which is just about 14%. This shows that the women are still not being given enough space in the politics, which is mostly controlled by men. The situation is even worse in many State Legislative Assemblies, where less than 10% of the members are women. This is very disappointing for a country that says it believes in equality and fairness.Even after talking about women’s rights for many years, political parties still don’t take real action. They usually give only 10–12% of election tickets to women, as if women should just watch from the side instead of being part of the main competition. But where legal reservation has been given to women, the results have been powerful and truly life-changing.The 33% reservation in Panchayati Raj Institutions which is given under Articles 243D and 243T, has allowed over 1.3 million women to become leaders in the villages and towns. This clearly shows that when the law gives women a fair chance ,they don’t just take part ,they become strong leaders, they do good work, and they help bring real change in the way things are run.
Abstract
Women’s participation in politics is a base of any truly democratic society. In India, while the Constitution promises equality, the actual presence of the women in legislative roles remains limited. The idea of legislative quotas for women is rooted in the need to correct historical and structural injustices that have excluded them from political decision-making. This article explores the constitutional basis, social urgency, and judicial support for enforcing legislative quotas to promote genuine gender equity in Indian politics.
Case Laws
1.Charu Khurana v. Union of India (2015)
The Supreme Court emphasized that gender-based discrimination is unconstitutional and reinforces the need to ensure the equal participation of women in all public fields, including politics.
2.Vishaka v. State of Rajasthan (1997)
This is the landmark case, which focused on sexual harassment and laid the groundwork for the protecting women’s rights in the workplace, which includes the political arena also.
3.. Kishan Lal v. State of Haryana (2011)
The Punjab and Haryana High Court upheld 50% reservation for women in Panchayati Raj Institutions, stating it was constitutional under Article 15(3) and necessary for promoting gender equality.
4. Indra Sawhney v. Union of India (1992)
In this landmark case, the Supreme Court upheld the validity of 27% reservation for Other Backward Classes (OBCs) in government jobs, based on the Mandal Commission recommendations. The Court also ruled that total reservations cannot exceed 50%, except in exceptional situations. It clearly recognized affirmative action as a constitutional tool to promote social justice and equality under Articles 15(4) and 16(4).
Conclusion
A democracy without women is not the complete democracy. The gap between men and women in Indian politics is not because women are less capable, but because of deep-rooted social rules and the unfair systems that stop them from enter into the politics. Legislative quotas are needed to help break this unfair cycle. The Women’s Reservation Bill (2023) is a good step forward, but the delay in putting it into action reduces its true value. If India wants to honestly follow its democratic and constitutional values, it must make gender-inclusive laws a reality, not just a promise.
FAQs
1.What is the Women’s Reservation Bill?
The Nari Shakti Vandan Adhiniyam, passed in 2023, which proposes 33% reservation for women in the Lok Sabha and the State Assemblies. However, its implementation depends on the delimitation, which may not happen until after the next census.
2.Will reservation reduce merit in politics?
No. Quotas ensure the equal access which not guaranteed victory. Once elected, women leaders have often performed more effectively, especially in areas like the education, sanitation, and social welfare.
3.Are quotas undemocratic?
Quotas are tools of the substantive equality. They correct long-standing discrimination and ensure that every section of society, including women, has fair representation.
4: Has reservation worked in local governance?
Yes,Over 1.3 million women serve in Panchayati Raj institutions today. Many have emerged as competent, grassroots leaders who challenge traditional power structures.
5.What’s stopping full implementation?
The biggest challenges are political hesitation, the lack of urgency in census and delimitation, and internal resistance from the party leaderships.
