In a monumental stride towards gender parity in Indian politics, President Droupadi Murmu has officially given her assent to the Constitution (106th Amendment) Act 2023. This groundbreaking legislation mandates a one-third reservation for women in both the Lok Sabha and State Legislative Assemblies.
The Bill, which secured approval during a recent Special Session of the Parliament, garnered overwhelming bipartisan support. On September 21, the Rajya Sabha unanimously greenlit the Bill, a day after its endorsement by the Lok Sabha, where it was backed by a 2/3rd majority of the members present and voting. Specifically,
“454 Members supported it and 2 opposed.”
This Constitution Amendment Bill is poised to allocate 33 percent of seats for women in the Lower House of Parliament, state legislatures, and the Delhi legislative assembly. However, a significant clause stipulates that the proposed women’s reservation will be activated only after a delimitation exercise, based on the first census conducted after its official enactment. Furthermore, this reservation is set to last for a period of 15 years from its initiation.
The 2023 bill introduces a pivotal amendment to Article 239AA, which pertains to
“Special provisions with respect to Delhi.”
Additionally, it incorporates three new articles: Articles 330A, 332A, and 334A. These articles are meticulously crafted to ensure the 33 percent reservation in the Lok Sabha and state legislative assemblies. A distinguishing feature of this bill, compared to its predecessors, is its stipulation to be enforced after a delimitation exercise, following the first census post the bill’s enactment. Nevertheless, the sunset clause, which demarcates the reservation’s 15-year duration, has been retained.
During the spirited discussions in the Rajya Sabha, opposition leaders, while largely championing women’s reservation, expressed reservations about the clause deferring its implementation. They pointedly questioned the government’s perceived procrastination in tabling this bill, especially in light of the Bharatiya Janata Party’s commanding majority in the Parliament and its prior commitments regarding women’s reservation.
There were fervent appeals for the bill’s immediate enforcement, with leaders urging the government to bypass the stipulated census and delimitation exercise. Moreover, concerns were articulated about the conspicuous absence of women from Other Backward Classes (OBC) in the provision for horizontal reservation. Several members vociferously demanded that a specific proportion of seats within the women’s quota be earmarked for women hailing from minority communities.
Echoing these sentiments, several members stated,
“This provision, therefore, makes the government the sole gatekeeper of the marketplace of ideas and constitutes a clear breach of Article 19(1)(a) (freedom of speech and expression).”
The last earnest endeavor to introduce a bill reserving seats for women in the Parliament and state legislatures transpired over a decade ago. The Constitution (One Hundred and Eighth Amendment) Bill, 2008, received the nod from the Rajya Sabha but unfortunately lapsed with the dissolution of the 15th Lok Sabha (2009-14).
This recent legislative development, thus, marks a pivotal juncture in the journey towards ensuring a more robust representation of women in the political domain, addressing the longstanding clamor for gender equity in legislative chambers.
