Women Reservation Act, 2023

The Women Reservation Act of 2023 also known as the 106th Act of the Indian Constitution states that 33 percent of the seats on the Lok Sabha and the State Legislative assemblies have to be reserved for women. The goal is to increase women’s representation in these elected bodies.

With President Droupadi Murmu’s consent, the bill was signed into law. On September 20, 2023, the Women Reservation Act of 2023 won the consensus of the political parties with 454 votes in the Lok Sabha and 214 votes in the Rajya Sabha.

In this article, we will read about the basic framework of the Women Reservation Act 2023, along with its historical background, key features, provisions, and arguments in support of women’s reservation as well as against women’s reservation.

Read More: Women’s Political Participation in India

What is the Women Reservation Act of 2023?

The Women Reservation Bill, 2023, aims to set aside 33 percent of the seats in the Lok Sabha (the directly elected lower house of India’s Parliament) and state legislative assemblies for women. The goal is to increase women’s representation in these elected bodies.

The Women Reservation Act of 2023 is the result of a historical debate that has been continuing for the past 27 years. The discussions surrounding the bill also aimed to revive the Women Reservation Bill of 2010, which was declined due to a lack of unanimity in the parliament. However, on September 20, 2023, the Women Reservation Act of 2023 won the consensus of the political parties with 454 votes in the Lok Sabha and 214 votes in the Rajya Sabha.

Women Reservation in India

The idea of women’s reservation in Indian politics centers on the suggestion of setting aside a specific percentage of seats solely for women in legislative bodies, such as the Lok Sabha and Rajya Sabha. At present, women make up only 15.2% of the Lok Sabha and 13% of the Rajya Sabha. Various proposals, like the Women Reservation Bill, push for reserving one-third of seats for women to address longstanding gender disparities in political representation. Supporters argue that this step is crucial for promoting gender equality, empowering women, and bringing diverse perspectives into policy-making. However, some reject this measure, citing fears of mere tokenism and the importance of merit-based elections. Despite the obstacles, the call for women’s reservation in Indian politics persists, urging for much-needed change.

Background of the Women Reservation Bill

On December 9, 1946, the Constituent Assembly of India held its first session at the Constitution Hall, the Central Hall of the Old Parliament House. Sarojini Naidu, the lone woman present, occupied a prominent position in the front row, facing the presidential dais. The issue of women’s quota had been discussed in 1996, 1997, and 1998 but faced obstacles due to political issues and Lok Sabha dissolution. Despite women constituting over half the global population, their underrepresentation in legislative bodies hinders economic development.

Addressing this democratic deficiency is crucial for a participatory, responsive, inclusive, equitable, and accountable political decision-making process. The Women Reservation Bill (Constitution 108th Amendment Bill of 2008) is pivotal for contemporary India, having faced six unsuccessful attempts since 1996. In 2010, Mulayam Singh Yadav argued against the bill, expressing concerns about potential misconduct by male parliamentarians towards their female colleagues.

Key Features of the Women Reservation Act, 2023

The key features of the Women Reservation Act of 2023 are the following:

Reservation for Women in the Lower House

• The Bill proposes to add Article 330A to the constitution, inspired by Article 330 which reserves seats for SCs/STs in the Lok Sabha.
• Seats for women will be rotated among different constituencies in states or Union Territories.
• In seats reserved for SCs/STs, one-third will be reserved for women on a rotational basis.

Reservation for Women in State Legislative Assemblies

• The Bill introduces Article 332A, ensuring the reservation of seats for women in every state Legislative Assembly.
• One-third of the seats reserved for SCs and STs must also be allocated for women.
• One-third 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 in 239AA)

• Article 239AA grants special status to Delhi concerning its administrative and legislative functioning.
• The Bill amends Article 239AA(2)(b) to apply laws framed by Parliament to the National Capital Territory of Delhi.

Commencement of Reservation (New Article – 334A)

• Reservation becomes effective after the census conducted following the Bill’s commencement is published.
• Delimitation based on the census will reserve seats for women.
• The reservation will last for 15 years but can continue as determined by a law made by Parliament.

Rotation of Seats

Seats reserved for women will be rotated after each delimitation, as specified by a law made by Parliament.

Provisions of the Women Reservation Act

The provisions of the Women Reservation Act as listed below:

• According to the Act, the constitution states that one-third of all seats in the Lok Sabha, state legislative assemblies, and the legislative assembly of the National The capital territory of Delhi has to be reserved for female candidates. This reservation also applies to SC and ST members of the party.
• The reservation will be effective for fifteen years and extended only after parliamentary consensus.
• The arrangement for women’s seats will follow parliamentary rules after each review of constituencies. Right now, about 15% of all members in the current 17th Lok Sabha (2019-2024) are women. In state legislative assemblies, women typically make up around 9% of the total members.
• The reservation will be put into action once a new census is conducted and the delimitation exercise is finished.
• Union Home Minister Shah assured the House that a census will be conducted right after the elections to implement the women reservation bill.
• He also mentioned that the delimitation process will be carried out by the next government soon after the 2024 Lok Sabha polls, addressing concerns about delays in the bill’s implementation.
• Delimitation involves adjusting the boundaries of constituencies for both the Lok Sabha and the state to accurately represent changes in population distribution.
• For the bill to be fully approved, at least 50% of states must ratify it.
• The requirement for state ratification is based on the constitutional reasoning that the bill may affect the rights of states.

Pros and Cons of the Women Reservation Act of 2023

The pros and cons of the Women Reservation Act are as follows:

Pros

The Pros of the Women Reservation Act of 2023 are as follows:

• Enhance democratic options for voters by offering a broader selection of candidates.
• There is no assurance that a considerable number of women will secure election under this system.
• Enable the nomination of women from minority communities in regions where it could provide an electoral advantage.

Cons

The Cons of the Women Reservation Act of 2023 are as follows:

• Political parties might allocate female candidates to constituencies where their electoral prospects are limited.
• Provide flexibility in the representation of women in Parliament, adapting to the needs and dynamics of different constituencies.
• This approach could potentially result in discontent if a woman is accommodated at the expense of a more deserving male candidate.

Arguments for Reservation for Women in Parliament

As of the current data, there are 82 women Members of Parliament (15.2%) in the Lok Sabha and 31 women in the Rajya Sabha (13%). Although these figures represent a significant increase since the first Lok Sabha when women constituted only 5%, India’s representation of women in parliament is still comparatively lower than in many other countries.

• Secondly, women’s representation in politics is a crucial step towards achieving gender equality. Despite ranking 48th out of 146 countries in Political Empowerment, according to the Global Gender Gap Report 2022, India’s score is notably low at 0.267.
• In contrast, top-ranking countries like Iceland (1st with a score of 0.874) and Bangladesh (9th with a score of 0.546) demonstrate substantially higher scores, indicating a more balanced gender representation in politics.
• Thirdly, ensuring proportional representation in the political system is essential for a group’s ability to influence policy-making. The Convention on the Elimination of All Forms of Discrimination Against Women emphasizes the elimination of discrimination in political and public life.
• Lastly, a more diverse legislature, including a significant number of women, brings a broader range of perspectives to decision-making. This diversity contributes to better policy formulation and governance, addressing the varied needs and concerns of the entire population.

Arguments Against the Women Reservation Act, 2023

The Women Reservation Bill faces criticism on various grounds. Firstly, the Bill lacks clarity regarding the timing of women’s participation in elections. It states that the reservation will take effect after a delimitation exercise, linked to the figures from the first Census conducted after the Bill’s commencement. However, the Bill does not specify the election cycle during which women will be guaranteed their rightful share. Critics argue that the legislation should provide a more explicit timeline to ensure a clear and effective implementation, allowing women to participate fully in the electoral process.

Another notable concern is the exclusion of reservations for women in the Rajya Sabha (the Upper House of Parliament) and State Legislative Councils. Despite the Lok Sabha having provisions for women’s reservation, the absence of similar measures in the Upper Houses raises questions about the overall representation of women in the legislative system. Currently, the Rajya Sabha has a lower representation of women compared to the Lok Sabha. Critics contend that true gender representation should be reflected in both the Lower and Upper Houses to uphold the democratic ideal of fair and equal participation in legislative decision-making.

Recent News about Women Reservation Bill

Here are some key points from the recent news on Women Reservation Bill

• Passage of the Bill: The bill was passed by both houses of Parliament, marking a significant step towards gender parity in Indian politics.
• Details of the Legislation: The Women Reservation Bill reserves one-third of the seats in the Lok Sabha and state assemblies for women. This reservation is also constitutionally entrenched, ensuring a long-term commitment to women’s representation.
• Impact on Gender Equality: The passing of the bill is seen as a major boost for gender equality in India, as it aims to bring more women into the political sphere, thereby influencing policy-making and governance with a more gender-inclusive perspective.
• Public and Political Reception: The bill’s passage has been met with near unanimity in the Lok Sabha and has been widely celebrated as a historic and progressive move for the country.
• Implementation and Future Prospects: With the bill’s passage, the focus now shifts to its implementation and the potential transformative impact it can have on Indian politics and society.

Conclusion – Women Reservation Act, 2023

It can be concluded that the Women Reservation Act of 2023 ensures an increased representation of women in politics. Even though there has been some progress, the number of women in important decision-making roles is still quite low. It has gone up from 5% in the first Lok Sabha to 15% in the 17th Lok Sabha.

People Also Read:

• 106th Amendment Act: Women Reservation Bill
• Protection of Women from Domestic Violence Act, 2005
• Famous Women Politicians in India

FAQs on Women Reservation Act, 2023

Who signed the bill for the Women Reservation Act?

President Draupadi Murmu signed the bill for the Women Reservation Act. It was signed on September 28th, 2023, and is declared to be in effect until 2026.

What are the key features of the 2023 Women Reservation Act?

There are three main features of the 2023 Women Reservation Act. This includes: i) Reservation for women. ii) Commencement of reservation iii) Rotation of seats.

What is the disadvantage of the Women Reservation Act?

To meet the requirement of 33% representation for women, half of the seats would have to be designated as dual constituencies. However, this adjustment would result in a 50% increase in the total number of Members of Parliament (MPs).

What is the advantage of the Women Reservation Act?

The Act ensures equal opportunities for male candidates without discrimination. It also potentially facilitates members fostering constituencies with an average population size of approximately 2.5 million people.

What is the importance of the Right to Reservation Act of the Indian Constitution?

The Right to Reservation Act refers to the policy of reserving a certain percentage of seats for socially and educationally disadvantaged communities in educational institutions, government jobs, and legislative bodies.

What is the reservation for women bill 2023?

The reservation for women bill 2023 states that 33 per cent of seats in the assemblies and the Lok Sabha be assigned for only female candidates.