Women’s Reservation Bill 2023 also known as Nari Shakti Vandan Adhiniyam passed in a special session which came as a Constitutional One Hundred Twenty-Eighth Amendment pertains to the number of reserved seats for the women at the Lok Sabha and the State Legislative Assemblies. One-third of seats were reserved for women in Municipalities and Panchayats which was introduced by the 73rd and 74th Constitutional amendment, but such was not the case with Lok Sabha and State legislative assemblies. The report on the Status of Women in India noted the fact that women’s representation has gradually reduced over a period of time. Only 15% of the total members of the 17th Lok Sabha were women while in legislative assemblies the number was near about 9%. The report recommended 50% reservation for the women in local and legislative bodies. The National Policy for the Empowerment of Women (2001) suggested the reservation of seats for women at higher legislative bodies. Several efforts were made for the same and it all turned fruitful with the passing of Women’s Reservation Bill 2023.

BACKGROUND OF THE BILL [1]

The history of the bill dates back to 1940 when women representatives in the Constituent Assembly about the falling amount of women representation. Out of 349 only 15 including the ones who opposed the idea of Reservation. Demands were raised in the Assembly that the women members should be replaced only by the women members. B. Pattabhi Sitaramayya made a statement “Women had let go of reservations by “a gentleman’s agreement”, trusting that the system would automatically ensure representation.”

• The National Perspective Plan for Women suggested the representation of women from the ground level that is Panchayats and Municipalities, later with the passing of the 73rd and 74th Constitutional Amendment Act 1992, 1993 women were given one-third reservation at the ground levels. 
• In 1996 United Front led by Deve Gowda for the first time introduced the 81st Constitutional Amendment Bill for reservation of women in Parliament. The bill lapsed in Lok Sabha and was referred to the Mukherjee Committee led by Geeta Mukherjee, but nothing fruitful turned out of the report.
• In 1998 efforts were made by the Atal Bihari Vajpayee government with the introduction of the Women Representation Bill but the bill lapsed again. Similarly, Bills were introduced in years 1999, 2002, and 2003 but there seemed no ray of hope.
• In 2004, the Manmohan Singh-led UPA Government introduced the Women Representation Bill in Rajya Sabha, this time the bill included the recommendations made by the Geeta Mukherjee committee, the bill was passed in Rajya Sabha but was never taken up by the Lok Sabha and lapsed subsequently with the dissolution of the Lok Sabha in 2014.
• In 2013, the Ministry of Women and Child Development formulated a committee that suggested 50% reservation for women in the Local bodies, State Legislative Assemblies, Parliament, Ministerial levels, and all decision‐making bodies of the government. 
• The report on the Status of Women in India 2015 also suggests 50% reservation.

FEATURES OF THE BILL [2]

1. Reservation for Women: The proposed bill advocates a 33% reservation for women in various legislative bodies, including the Lok Sabha, State Legislative Assemblies (SLAs), and the Legislative Assembly of the National Capital Territory of Delhi (NCT). This reservation extends to seats allocated for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and state legislatures.
2. Introduction of New Articles: To accommodate these changes, the bill suggests the inclusion of two new articles in the Indian Constitution – Article 330A and Article 332A. These articles will pertain to the Lok Sabha and State Legislative Assemblies, respectively.
3. Commencement and Duration: The reservation will come into effect following the census conducted after the bill’s publication. After this census, a delimitation process will be undertaken to allocate reserved seats for women for a duration of 15 years. However, this reservation will persist until a later date determined by a law passed by the Parliament.
4. Rotation of Reserved Seats: The bill proposes that the seats reserved for women will be rotated after each delimitation exercise, with the specifics of this rotation being defined by a parliamentary law.
5. Delimitation Exercise:[3]
   1. Delimitation: Delimitation is the process of redrawing the boundaries of Lok Sabha and State Assembly seats to account for changes in population. It occurs periodically to reflect both population growth and shifts in its distribution.
   1. Objective: The primary aim of delimitation is to ensure that each segment of the population receives equal representation. This process is essential to maintain the democratic principle of ‘one person, one vote.’
   1. Article 82: Article 82 of the Indian Constitution provides for the readjustment of Lok Sabha and State Assembly constituencies following each Census. Delimitation is vital to adapt to demographic changes and ensure equitable representation.
   1. 42nd Amendment Act: The 42nd Amendment Act of the Indian Constitution froze the delimitation process until the publication of the first Census following the year 2000. In 2001, this freeze was extended for an additional 25 years. Consequently, delimitation is set to be based on the results of the first Census after 2026.
   1. Delimitation Commission: The Delimitation Commission, appointed by the Government of India under the Delimitation Commission Act, is responsible for conducting the delimitation exercise. The composition of this commission typically includes a retired Supreme Court judge, the Chief Election Commissioner of India, and the respective State Election Commissioners. The commission collaborates closely with the Election Commission of India.
   1. Finality of Commission’s Orders: The decisions made by the Delimitation Commission are considered final and cannot be challenged in any court, as doing so could disrupt the electoral process. This measure ensures that elections are not unduly delayed by legal disputes.

In essence, the proposed bill aims to rectify the underrepresentation of women in Indian politics by instituting a 33% reservation for women in various legislative bodies. This reservation will apply not only to general seats but also to those allocated for SCs and STs. The bill introduces new constitutional articles and sets a framework for the commencement, duration, and rotation of these reserved seats. The delimitation exercise, a crucial part of this process, involves periodic adjustments to constituency boundaries to maintain equitable representation based on demographic changes. The decisions of the Delimitation Commission are considered legally binding and final to ensure the efficiency of the electoral process.

PURPOSE OF RESERVATION [4]

The purpose of reservations, as discussed in the provided text, is to address discrimination and underrepresentation of certain groups, particularly women, in the political system. The idea is that by reserving seats or constituencies for these underrepresented groups, they can have a more significant impact on policymaking and public life. This approach aligns with international agreements like the Convention on the Elimination of All Forms of Discrimination Against Women, which calls for the elimination of discrimination against women in political and public life.

A 2003 study highlighted the positive impact of reservations on women’s participation in local governance, where women elected through reservation policies tended to prioritize public goods that were important to women. The study suggested that reservations at the Panchayat and Municipality levels in India have contributed to women’s meaningful efforts to improve society. Despite being a signatory to the Convention, India still faces challenges in achieving gender equality in political representation. While the percentage of women MPs has increased over the years, it remains relatively low. However, research and reports, such as the 2003 study and the Inter-Parliamentary Union’s findings, suggest that legislated quotas for women have had a significant impact on their representation.

Opponents of reservation policies argue that creating separate constituencies for women could limit their perspective and perpetuate unequal status. They contend that women should compete on merit alone, without special provisions. Additionally, they argue that reservation alone does not address larger electoral issues, such as preventing criminalization in politics, ensuring internal democracy within political parties, and curbing the influence of illegal funds in elections.

DIFFERENCE BETWEEN 2008 AND 2023 BILL [5]

The 2023 Bill differs from the 2008 Bill in several key ways. Firstly, while the 2008 Bill proposed reserving one-third of Lok Sabha seats in each state/Union Territory (UT) specifically for women, the 2023 Bill takes a broader approach by aiming to provide one-third reservation on overall seats in the Lok Sabha. This means that the 2023 Bill seeks to allocate one-third of all seats, regardless of their geographical location, to women, which can lead to a more equitable distribution of women in Parliament.

Another notable difference is related to the rotation of reserved seats. In the 2008 Bill, it was proposed that the reserved seats would rotate after every general election to the Parliament or legislative assembly. However, the 2023 Bill suggests a change in this regard. It proposes that the rotation exercise will only occur after every delimitation exercise. Delimitation exercises are conducted to redraw constituency boundaries, often to reflect changes in population. This shift in the rotation mechanism is intended to provide more stability and continuity for the MPs occupying reserved seats. The rationale behind this change is to address a potential issue with the 2008 Bill’s rotation system. If seats were rotated after every general election, it might reduce the incentive for Members of Parliament (MPs) to actively work for the development of their constituencies since they could become ineligible to seek re-election from the same constituency. By tying seat rotation to delimitation exercises, the 2023 Bill aims to strike a balance between ensuring women’s representation and maintaining the MPs’ commitment to their constituencies. This change reflects a re-evaluation of the approach to reservations and aims to optimize the effectiveness of women’s participation in politics.

ARGUMENT IN FAVOUR OF BILL

• Historical Marginalisation: As seen above women’s representation has been repressed for decades and few efforts made by the political parties led to failed outcomes. Hence a country should keep pace with the development of the society and the fast-growing world around it. 
• Self-Representation and Self-Determinisation: Surveys show that the women representatives of the panchayat have played an important role in the growth and prosperity of the society in the villages and most of them would like to work on a larger scale, but they face various difficulties in the political system prevailing in the society.
• Women’s Empowerment and diversity of opinions and perspective: Representation of women encourages and inspires more women to take part in the government’s functioning. Involvement of women would increase the diversity of the perspective in the government which can lead to better policy formulation. 
• Gender Equality: Women in politics is one of the most important steps towards equality between men and women. However, according to the global gender gap report 2022, India is ranked 48th among the 146 countries in terms of political empowerment. India scores 0.267 in this category. However, some of the top-ranked countries score much higher than India in this category. For example, Iceland ranks 1 in this category with a score (0.874) and Bangladesh ranks 9 in this category (0.546).

ARGUMENTS AGAINST THE BILL

• Women aren’t similar to groups like, say, a caste. So, the reasoning behind reservation based on caste cannot be applied to women. Some argue that reservation for women is against the Constitution’s principle of equality. They argue that if there is a reservation for women, women won’t be able to compete based on merit, which would reduce their position in society.
• The Bill merely states that it will enter into force “after a delimitation exercise for this purpose has been carried out based on the relevant data for the first Census conducted after the commencement of the Bill”. It does not specify the electoral cycle from which women will receive their “fair share”.
• There is no quota for women belonging to the Other Backward Classes (OBCs) in the women’s reservation bill. The bill reserves 33% of the seats in the Lok Sabha as well as in the state assemblies. The Geeta Mukherjee committee (1996) recommended that women’s reservations be extended to OBCs.
• The Bill does not include a reservation for women in the upper house and the state legislative councils. Currently, the number of women in Rajya Sabha is lower than the number in Lok Sabha. Women’s representation is an ideal and it should be reflected in the Lower House and Upper House.

GLOBAL SCENARIO: WOMEN RESERVATION [6]

Globally, there exists a significant gender disparity in the representation of women in both local and national politics. As of 2018, data provided by the Inter-Parliamentary Union revealed that a mere 24% of parliamentarians across the world are women.[7] Furthermore, the International Institute for Democratic and Electoral Assistance (IDEA) in Stockholm has reported an increasing trend of countries introducing affirmative action measures aimed at enhancing women’s involvement in public office.

Beginning in the early 1990s with the Philippines and spreading to neighbouring countries like Pakistan and Bangladesh, several nations introduced legislation to reserve parliamentary seats for women, aiming to ensure their political participation.

However, while these reservation policies increase the number of female candidates nominated by political parties, the majority of these candidates are concentrated within the reserved seats. Consequently, it’s observed that parties tend to predominantly field male candidates in general seats. This pattern is notably present in Pakistan, where, starting from 2002, 17% of National Assembly seats were designated for women.

Commencing with Argentina in the early 1990s and extending to neighbouring nations such as Nepal, several countries adopted a minimum quota system for party candidate lists. Some countries, including France, Korea, and Nepal, have even set quotas as high as 50% for their candidate lists. Meanwhile, countries like Argentina, Mexico, and Costa Rica have passed legislation mandating party quotas, which has led to over 36% female representation in their national legislatures. However, countries like South Africa, Sweden, and Germany have achieved similar levels of female representation through voluntary, non-legislated quotas implemented by political parties. An exceptional case is South Africa, where women make up 44.8% of the current National Assembly.

In South Africa, the largest political party, the African National Congress (ANC), initiated discussions on women’s quotas in 1991. By 1994, 35.7% of the representatives elected by the ANC were women, resulting in a 25% female representation in the National Assembly. By the 2009 elections, the ANC committed to further increasing female representation to 50%, leading to a remarkable 49.2% female representation in the South African National Assembly.

This significant achievement was primarily driven by a single political party voluntarily adopting such a quota system, which subsequently had positive effects on opposition parties. In 1994, women constituted 14.2% of the opposition, and by 2009, this figure had doubled to 31%.

CONCLUSION

The Bill also took a cue from Article 334 of the Constitution, which provides for the review of reservation provisions by the parliament after 70 years from the date of entry into force of the legislation. However, in the Women’s Reservation Bill, the sunset clause was included for 15 years for reservation provisions for women to be reviewed by the parliament.

In conclusion, the Women’s Reservation Bill 2023 represents a significant step towards addressing historical gender disparities in India’s political landscape. It aims to rectify the chronic underrepresentation of women in legislative bodies, providing them with a fair opportunity to participate in decision-making processes. This move aligns with principles of gender equality, empowerment, and diversity, essential for a progressive society. However, the bill also faces opposition, with concerns about potential implications for merit-based competition and the exclusion of OBC women and upper-house representation. Nevertheless, it marks a vital stride towards a more inclusive and equitable political system, fostering a brighter future for women in Indian politics.

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[1] V. , K. and Patnaik, S. (2023) The Women’s Reservation Bill has a long history of arguments and stakes, Supreme Court Observer. Available at: https://www.scobserver.in/journal/the-womens-reservation-bill-has-a-long-history-of-arguments-and-stakes/ (Accessed: 16 October 2023).

[2] PRS India, “Women’s Reservation Bill 2023 [The Constitution (One Hundred Twenty-Eighth Amendment) Bill, 2023]”

[3] Delimitation Process (2022) IAS Parliament. Available at: https://www.iasparliament.com/current-affairs/delimitation-process (Accessed: 24 October 2023).

[4] SANTHANAM, R. (2023) What will hold up women’s reservation Bill? | Explained, The Hindu. Available at: https://www.thehindu.com/news/national/what-will-hold-up-womens-reservation-bill-explained/article67339000.ece#:~:text=What%20does%20the%20Bill%20say,National%20Capital%20Territory%20of%20Delhi. (Accessed: 20 October 2023).

[5] Explainer: When will women’s reservation in the Lok Sabha actually be implemented? (2023) Scroll.in. Available at: https://scroll.in/latest/1056297/explainer-when-will-womens-reservation-in-the-lok-sabha-be-implemented (Accessed: 19 October 2023).

[6] Countries With Highest Number Of Women MPs Don’t Have Reservation: Study (2023) NDTV World. Available at: https://www.ndtv.com/world-news/countries-with-highest-number-of-women-mps-dont-have-reservation-study-4406558 (Accessed: 15 October 2023).

[7] The World Bank, “Proportion of Seats Held by Women in National Parliaments”

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Author: Vishal Bhatia

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