Women In Politics: Unpacking The Significance Of Women's Reservation Bill 2023

INTRODUCTION

The 73^rd and 74^th Amendments to the Indian Constitution in 1993 mandated one-third of seats for women in panchayats and municipalities but omitted similar provisions for the Lok Sabha and state legislative assemblies. The omission has sparked significant censure, prompting the presentation of bills proposing these reservations, but they have encountered setbacks and challenges. Despite recommendations for 50% representation of women in key governmental decision-making bodies, actual representation remains modest with women accounting for just 15% of the members in the 17^th Lok Sabha and an average of 9% in state legislative assemblies.

Efforts to address this through constitutional amendments, as seen in the 1996 and 2008 Bills, have not been successfully enacted. These bills have faced challenges related to their passage and implementation. Committees reviewing these Bills have generally favoured the concept of women’s seat reservations for women’s seat reservations and suggested additional measures, like considering reservations for women from other backward classes, periodic reviews, and working out modalities for reserving seats in the Rajya Sabha and State Legislative Councils. Despite these deliberations and recommendations, attaining gender parity in Indian legislative bodies remains challenging.

On 9^th December 1946, the inaugural session of the Constituent Assembly of India took place at the Constitution Hall, now recognized as the Central Hall of the Old Parliament House. Notably, Sarojini Naidu was the only woman among the attendees, occupying a prominent position in the first row of attendees facing the presidential dais. The concept of a women’s quota had been deliberated upon in 1996, 1997, and 1998, but it unfortunately could not progress further due to the dissolution of the Lok Sabha or the lack of consensus among political parties.

PURPOSE

Presently, there are 82 women MPs in the Lok Sabha and 31 women in the Rajya Sabha. While the number has increased significantly since the 1^st Lok Sabha, it is still far lower than in many countries. According to recent UN Women data, Rwanda (61%), Cuba (53%), and Nicaragua (52%) are the top three countries in women representation. Bangladesh (21%) and Pakistan (20%) as well, are ahead of India (15%) in the case of women representation. The main requirements for the implementation of this bill are:

The underrepresentation of a group in politics limits its policy influence.
The Convention on Elimination of All Forms of Discrimination against Women, signed by India, calls for eliminating gender discrimination in politics.
Despite commitments, disparities in women’s representation persist.
Research shows women elected through reservation policies prioritize women’s issues.
The Inter-Parliamentary Union (2022) acknowledges the importance of legislated quotas in women’s representation.

The question of reserving seats for women in legislative bodies can be approached from 3 angles:

Evaluating whether women’s reservation policies are an effective means for their empowerment;
Investigating the viability of alternative methods to enhance a woman’s presence in the legislative bodies; and
Tackling the possible issues associated with the proposed reservation mechanism in the Bill.

The proposed bill specifies that the 33% reservation for women will be in effect for 15 years. Additionally, it mandates the creation of a quota for individuals from the Scheduled Castes and Scheduled Tribes within the reserved seats designated for women in Parliament and legislative assemblies.

The reservation is contingent upon the release of a new census and the conclusion of the delimitation process. Delimitation involves the revision of constituency boundaries for both the Lok Sabha and State Assemblies to accurately reflect shifts in population distribution. To become fully effective, the bill necessitates approval from a minimum of 50% of the states. The requirement is grounded in the potential impact of the bill on state rights, which justifies the need for ratification.

Members of the opposition in the Rajya Sabha have endorsed the 128^th Constitution Amendment Bill, which aims to allocate 33% of seats in the Lok Sabha and state assemblies for women. Some of these lawmakers are also advocating for a comparable quota for women in the Rajya Sabha.

KEY FEATURES OF THE BILL:

Reservation for Women in Lower House:
1. The Bill introduces Article 330A to the Constitution, drawing inspiration from Article 330, which reserves seats for SCs/STs in the Lok Sabha.
2. It suggests the allocation of reserved seats for women by rotation among different constituencies in States or Union Territories.
3. Within the seats designated for SCs/STs, the Bill aims to reserve one-third of the seats for women on rotational basis.
Reservation for Women in State Legislative Assemblies:
1. The Bill introduces Article 332A, making it obligatory to reserve seats for women in every state legislative assembly.
2. Furthermore, 1/3^rd of the seats earmarked for SCs and STs must be set aside for women.
3. Additionally, 1/3^rd of the total seats filled through direct elections to the Legislative Assemblies will be reserved for women.
Reservation for Women in NCT of Delhi (New Clause 239AA):
1. Article 239AA, which grants special status to the Union territory of Delhi as the national capital, was amended by the bill to ensure that laws framed by Parliament apply to the National Capital Territory of Delhi.
Commencement of Reservation (New article-334A):

4.1. The reservation will take effect after the publication of the census conducted following the Bill’s commencement.

4.2. Delimitation will be carried out based on the census to allocate seats for women.

4.3. The reservation will be in place for 15 years, extendable by a law enacted by Parliament.

Rotation of Seats:
1. Reserved Seats for women will be rotated after each delimitation, as determined by a law enacted by Parliament.

KEY CHANGES IN THE BILL BETWEEN 2008 BILL AND 2023 BILL

1/3^rd of the Lok Sabha seats in each State/Union Territory were to be reserved for women in the 2008 Bill, whereas the 2023 Bill suggests the reservation of 1/3^rd of Lok Sabha seats for women.

The 2008 Bill advocated the rotation of reserved seats after every general election to the Parliament or Legislative Assembly, on the other hand, the Bill introduced in 2023 proposes the rotation of reserved seats after every delimitation exercise.

ROTATING CONSTITUENCIES

The Bill stipulates that reserved seats will be assigned through a rotation process following each delimitation exercise. This implies that the rotation will occur approximately every 10 years, as delimitation is mandated to take place after each census, starting in 2026. However, this rotation of reserved seats may diminish the motivation for the members of Parliament to actively serve their constituencies, as they could become ineligible for re-election from the same constituency. A study conducted by the Ministry of Panchayati Raj recommended discontinuing the rotation of constituencies at the panchayat level. The study found that nearly 85% of women elected at the panchayat level were first-timers, and only 15% of women were able to secure re-election due to the de-reservation of the seats they initially represented.

CRITICISM OF THE BILL

The Bill lacks clarity regarding the election cycle from which women will receive their rightful share, as it only specifies that it will take effect “after an exercise of delimitation.” This omission raises questions about the timing of women’s representation.
The Bill does not extend women’s reservation to the Rajya Sabha and State Legislative Councils, which result in an unequal representation of women in the upper house. Balanced representation in both Houses is crucial to ensure gender equality in governance.
The Bill reserves seats exclusively for urban and educated women, potentially neglecting underprivileged rural women from marginalized castes.

CONCLUSION

The Women’s Reservation Bill of 2023 represents a significant towards achieving gender equality and increasing women’s participation in the political landscape of India. The provision for rotational allocation of these reserved seats, although raising concerns about continuity and accountability, reflects an attempt to ensure that a broader cross-section of women gets an opportunity to participate in governance.

The criticism and reservations expressed by certain political parties regarding the bill, particularly the omission of quotas for OBC and Minority women, are valid concerns that deserve further attention and consideration. A comprehensive approach that addresses these concerns while ensuring adequate representation for all women regardless of their backgrounds, is essential to make this legislative initiative truly inclusive.

The Women's Reservation Bill stands as a pivotal milestone in the journey towards gender equality in India, and its successful implementation has the potential to reshape the political landscape, paving the way for a more representative and diverse democracy. However, addressing the concerns and fine-tuning the bill's provisions will be necessary to ensure that its positive impact is fully realized.