Author: Riddhima Mohanani [ Manipal University]
To the Point
The Women’s Reservation Bill 2023, formally named the Nari Shakti Vandan Adhiniyam, proposes a 33% reservation for women in the Lok Sabha and all State Legislative Assemblies. This marks a long-overdue legislative step towards icing indifferent political representation for women in India. However, its implementation is deferred until after the next Census and subsequent delimitation exercise, which is expected to happen only after 2029. While the Bill has been passed with overwhelming support in Parliament and is now part of the Constitution, several critical issues remain: it excludes the Rajya Sabha and Legislative Councils, lacks sub-quotas for OBC women, and is criticized for being delayed and politically timed. The Bill, although historic in its passage, is yet to translate into immediate or tangible change, raising questions about the sincerity of the state’s commitment to gender parity in governance.
Abstract
The Women’s Reservation Bill, 2023, is an important but long-overdue step in India’s constitutional journey toward fair political representation for women. The Constitution (116th Amendment) Bill seeks to reserve one-third of the seats in the Lok Sabha and State Legislative Assemblies for women, including women from the Scheduled Castes and Scheduled Tribes. Though the Bill has been celebrated as a historic advance, serious questions remain regarding its commitment to intersectional justice, given that its implementation is contingent on the completion of the delimitation process after the 2026 Census as well as because there is no sub-quota for OBC women. . By analyzing relevant case law and discussing potential reforms, this article aims to provide a comprehensive overview of the Women Reservation Bill 2023. Therefore, it may be said that, while the law is a step in the right direction, genuine political empowerment calls for deeper structural changes and cultural transformations.
Use of Legal Jagron
The enactment of the Women’s Reservation Bill, 2023, demonstrates India’s modern orientation toward constitutional morality and equal political opportunity. Being a constitutional amendment, it basically changes the foundational structure of representative democracy by incorporating gender-based affirmative action into the land’s highest law. Then, and even though the possibility of implementation has been linked to post-Census delimitation following the contingency that was made available through the amendment, the delay has caused some scholars to criticize it for being counter to the doctrine of reasonable bracket and probably the spirit of non-arbitrariness in Article 14. Article 14 scholars have said that the delay functions as constructive discrimination, the denial of access perpetuates historical exclusion by way of what is seemly procedural compliance
Moreover, the absence of any requirement forcing political parties to field women candidates across unreserved constituencies reflects a gap in the realization of horizontal equity. From a comparative constitutional perspective, various countries with gender quotas have preferred party-list or statutory quota routes to the increase of speed and inclusiveness. The Indian model, constrained by federal structure and electoral design, therefore demands further legislative and judicial engagement to translate symbolic representation into substantive democratic empowerment.
The Proof
The justification for the Women’s Reservation Bill, 2023 rests firmly within the context of constitutional history as well as conclusive evidence. The Bill Passed and now the Constitution (116th ) Act, 2023, established Articles 330A and 332A, reserving one-third of the seats in the Lok Sabha and the State Legislature Assemblies for women. Composition 239AA was also amended to recognize the same for the Legislative Assembly of the National Capital Territory of Delhi.. The Bill received strong bi-partisan approval—454 in favor in the Lok Sabha and, completely in favour in Rajya Sabha—demonstrating a political consensus. However, the implementation of the Bill was delayed, as it became effective only after the delimitation which occurs after 2026. This delay means the impact of the Bill remains postponed still indefinitely.
Empirical data substantiates the urgency of this legislative measure. As of 2023, women hold only about 15% of the Lok Sabha and less than 11% of the state houses of India, a truly startling number in a country where women compose nearly half of the population. In the world , India ranks 140 of 193 countries in the Inter-Parliamentary Union’s ranking of women in the parliament. That being said, wherever political reservation has happened in India—in this instance the Panchayati Raj Institutions under the 73rd and 74th Constitutional Amendments—women’s leadership and engagement in the communities has increase dramatically and has shown moderate improvements in terms of better governance. These are good evidence for also introducing political reservation at the legislative level.
In addition, the Standing Committee on Law and Justice has repeatedly noted that political parties are not willing to voluntarily nominate a sufficient number of women candidates, requiring a constitutional requirement. Not all political views are the same, although the parliamentary approval for the Bill is wide, critics see the postponement in implementation as a tactical barrier to the implementation of the law rather than a legislative accident, and OBC women’s reservations as a tactical limitation. The true test for the Bill is not merely its enactment, but whether it can be implemented fairly and in a timely fashion. Without that guarantee, it will remain another symbolic change and not a really valuable tool for a more democratic equalization.
Case Laws
Union of India v. Rakesh Kumar (2010) 3 SCC 394
In this case, the supreme court, while upholding the constitutionality of the reservation laws, stressed that affirmative action is a necessary facet to legitimize genuine equality. It also reiterated that under Article 15(3) of the Constitution, the State can take special measures for women and children, which confirms reservation is a protective and not a preferential action based on constitutional morality.
Indra Sawhney v. Union of India (1992) Supp. (3) SCC 217
While it is essentially a judgehment for backward classes , this case provided the foundation for the judiciary’s understanding of the reservation mechanism. The Court determined that reservations can be legally effective as long as their purpose is social upliftment and they do not exceed in size. This ruling suggests a legal justification for gender-based reservations in a representative democracy.
Secretary, Ministry of Defence v. Babita Puniya (2020) 7 SCC 469
In this historic judgment granting women permanent commission as a general principle in the Indian Army, the Court made powerful observations about breaking patriarchal barriers and promoting women’s leadership. This judgment is also significant for the overall story of women being included in all domains of the public space, including political life.
Conclusion
The Bill for Reservation of Seats for Women, 2023, is considered a crucial milestone toward an understanding of how the place of women should be realized in Indian politics. After lagging for years, it now promises the reservation of one-third of the seats in the Lok Sabha and State Assemblies for women. A celebration with missing pieces—that reservation shall be operational only post the census and delimitation of 2026, so the genuine change will have to wait for several years on its way.
A strong Bill as such is meant to be kept on a shelf unless and until it is realized. Working women constitute about half of almost the entire population of India, yet these women find their representation being hardly mentioned in Parliament or in the Assemblies.
For a genuinely gender-equal political platform, the Government has to implement this law faster and ensure its benefits go to all women, especially those from marginalized communities. Laws can only change things if implemented timely with fairness and equity. The Women’s Reservation Bill cannot guarantee placing Indian democracy back on its feet if we keep waiting.
FAQS
What is the Women’s Reservation Bill, 2023?
The Women’s Reservation Bill, (106th Amendment) Act, 2023, allows for a 33% seat reservation of women in the Lok Sabha, State Legislative Assemblies, and the Delhi Assembly. It envisages enhancing women representation in higher legislative bodies.
When will Bill come into effect?
The Bill will not come into force until after the next delimitation, which will occur, after the 2026 Census. Thus, actual implementation may occur in 2029 or later and there has been criticism for unnecessary delay.
Does the Bill contain reservations for OBC or minority women?
No. As it stands, the Bill does contain horizontal reservations for Scheduled Castes and Scheduled Tribes (SC, ST) within the third quota, but currently it does not contain reservations for OBC women or other groups that are marginalised. The omission has been noted by critics within civil society and political organisations
How is this different from existing reservations in Panchayati Raj institutions?
In the 73rd and 74th Amendments¸ they already provide for 33% reservation for women in panchayats and municipalities. The Women’s Reservation Bill has now extended the rationale of these amendments to the upper levels of decision-making and democratic governance i.e. Parliament and State Assemblies, where women’s representation has been very low by the Constitution’s own standards.
What are the main criticisms of the Bill?
Delayed implementation due to linkage with delimitation.
No specific quota for OBC/minority women.
Viewed by some as a political move rather than immediate reform.
Concerns about whether the reservation will be implemented before the next general election.
Is the reservation permanent?
No. Currently, the Bill provides for 15 years from the commencement date the reservation for women. Parliament may provide for a further period of reservation by another amendment, as has been done in the case of SC/ST reservations.
