This article has been written by Mr. Yuvraj Goswami, a 4th year Law Student with GLS Law College, Ahmedabad, Gujarat.

Abstract:

“The Women’s Reservation Act, 2023 is a transformative piece of legislation aimed at increasing women’s participation in India’s political system. It amends the Constitution to reserve one-third of the seats in the Lok Sabha and state legislative assemblies for women, with a focus on promoting gender balance in governance. This reservation also extends to Scheduled Castes and Scheduled Tribes, ensuring representation for marginalized women. The act is set to be implemented after the next national census and delimitation process, reflecting a phased approach to its enforcement. Though lauded for its progressive intentions, the Act has sparked debates regarding the exclusion of women from Other Backward Classes (OBC) and the delay in actual implementation. Additionally, it introduces a rotational system for reserved seats, aimed at ensuring fairness in representation across different constituencies. While the Act builds on prior efforts to enhance women’s participation at the grassroots level through local body reservations, it seeks to address the gender disparity in higher legislative bodies. As the country moves toward more inclusive governance, this legislation represents a significant step forward, though its full impact will depend on effective and timely execution.”

Main body of Article:

“The women organisation to which I have the honour to belong has never asked for reserved seats, for quotas or for separate electorates. What we have asked for is social justice, economic justice and political justice.”

Excerpts from speech of Smt. Hansa Mehta, constituent assembly member at Central Hall of Parliament[1]

“The essence clearly highlights aspiration of women and its political future in an independent nation. The notion clearly highlights adequate representation of women and man to cover long way. Women constitute almost half of the population of this country and hence this ancient land cannot attain its rightful place without honouring an adequate place for women.

September 2023 marks important day in history of political outcomes as on 21 September 2023 Parliament passed the constitutional amendment bill to allow reservation of 33% to women in Lok-Sabha and State legislatures. The Act came to be known as ‘Nari Shakti Vandan Adhiniyam’ which receives President Assent on 29 September 2023. The procedure to introduce and pass the bill is carried out in accordance to Article 107 of Constitution of India whereas Article 368 of Constitution confers power to Parliament in amending the constitutional provisions and procedure therefor. There are three ways by which an amendment can be done in constitutional provisions.

1. Amendment by simple majority: More than 50% of total members present.
2. Amendment by special majority: this includes consent of more than 50% of total membership of each house and a majority of two-thirds of the members of each house present and voting.
3. Amendment by special majority of Parliament and consent of states: the provisions related to federalism where along with special majority, consent of half of state legislatures in a country is also required in simple majority.

Introduction:

128^th Constitutional Amendment Act also referred as Nari Shakti Vandan Adhiniyam is an act to reserve one-third of total seats in the legislature i.e. House of People (Loksabha), the legislative assembly of every state and legislative assembly of NCT of Delhi, including those reserved for SC and ST. The reason being despite composition of almost half population of country their representation in Parliament (which is also a law making authority in country) is hardly 13.627% that is 74 Women Parliamentarians in 18^th Lok Sabha which is even less than 78 in 17^th Lok Sabha election. The data from different states is even more worrisome (Source: www.myneta.com)

In General elections of 2024 only 797 women candidates have contested on 543 seats. The data becomes more considerable because we are trailing from our neighbouring countries where participation of women is more than India.

Country	Elected women representatives (%)
Nepal	33.6
Bangladesh	20.9
Pakistan	20.5
Bhutan	17.4

Cuba tops the list where there are 55.7% women representatives are elected in Parliament.[2] The compulsory reservation will ensure the practicality of conditions of women and society from another important perspective and readdressing the problem from sustainable approach.

Purpose of the Act:

• After 77 years of Independence, the data of women participation in law making bodies was worrisome and the need arises to take it to adequate number by ensuring reservation in top law making bodies and authorities.
•  The role of women is always important in realisation of society and its development across all sectors.
• True empowerment of women requires representation and participation in decision making process as it brings whole new dimension for discourse and enriches quality of legislative debates and decision making.
• Successful implementation and positive outcomes after exercising similar provisions in local body and panchayat elections of country.
• The fresh policy will pave way for further development with adequate cooperation and will of political parties, women organisation and individual woman across country in ensuring Equality and rule of law guaranteed under Article 14 of Constitution.

Background:

India attains it political independence on 15 August 1947 and the constituent assembly has decided to adopt the parliamentary democracy system for administration where the people of country will elect its representatives to make and implement laws from them.

Earlier the reservation policy adopted was on basis of caste to eradicate caste based discrimination and for upliftment of marginalised sections of society that is schedule caste and schedule tribes. It was after decades passed and need to include women in mainstream politics arises as it was significantly observed that there was very low representation of female candidates in law making process.

At national level it was in 1988, union government formed a 14 member committee under chairmanship of Margaret Alva to review and formulate the National Perspective Plan for Women (1988-2000). The committee has gave in total 353 recommendations out of which some important one includes, At appropriate time look after the situations of extremely backward class women representation, Give benefit of reservation and regularly reconsider it after 5 years and ensure accessibility of women through reservation policy in upper house of parliament and state legislature that is Rajyasabha and Legislative council respectively.

Significant development regarding the issue can be seen in 1992, where Parliament passed 73^rd and 74^th Constitutional Amendment Act which was brought for implementation of Panchayati Raj system and regularise the local body elections and strengthen the governance at village and block level. Additionally the remarkable feature of the act was it has mandated 33% of reservation for women in local body elections. In furtherance we can also see development in different states regarding this step where some states recognised the importance of women representation and ensure it by applying in their territory. Where in 1983 Karnataka state government passed Nyay Panchayat Act and initially provided 25% of reservation for women in local bodies. Later in same decade Andhra Pradesh gave 9% followed by Odisha where they provided 33% of reservation to women in 1991. Bihar in 2005 became first state to provide maximum 50% of women representation in local body. The same is being adopted and followed in many states as of now.

At national level the attempt was made in 1996 through 81^st Constitution Amendment Act was brought under reign of Prime Minister H.D. Dewegowda were it was proposed to introduce reservation of women at national level. The bill faced criticism because of not separate inclusion of OBC women and later bill lapsed due to dissolution of Lok-Sabha. Later the same bill was reintroduced in year 1998, 1999 and 2008 but was unable to get required majority. In 2008, said bill got passed in Rajyasabha but failed to get introduced in another house and ultimately lapsed.

Again the issue arose around 2013 and 2015 where Union Ministry of Women and Child development along with various other groups simultaneously expressed concerns about lower number of women candidates in legislatures and started demanding for 50% reservation in all forms of legislatures.

And finally in 2023 the women reservation bill was introduced, passed and enacted.

Need of the Act:

To ensure adequate representation of women in decision making authorities,

Representation is crucial in democratic government because,

• It ensures that diverse views, interest and opinions are considered and best possible solution can be accommodated as per situation.
• It develops accountability between the leader and its people. If leader fails to represent interest of people and stay disconnected then he has to face consequence in next election.
• Representative government are trusted and supported by people as they feel their voices are being legitimately heard.
• Representation promotes social cohesion by including all sections of society directly or indirectly through reservation or commission.
• Representation can help mandate and provide conflict resolution through negotiations. It empowers individuals, groups by giving them share in political decisions and encourages their civil engagement with dignity.

Features of Act: (three major features)

• The said act will amend various provisions of Constitution i.e. insertion of Article 330A ( to provide for reservation in lok Sabha), Article 332A (Reservation for women in state legislative assemblies), Article 239AA( Reservation for women in NCT of Delhi), Article 334A which lays down that reservation to become effective after delimitation is undertaken and census is concluded.
• At initial stage the reservation is provided for a period of 15 years which can be extended after moving resolutions in Parliament.
• The reservation will be implemented on rotational basis of seats after delimitation and each election.

Positive implications:

• The act is major development to ensure women participation at national level.
• It will help in eradicating gender based discrimination against women in public life. It will provide them dignified position in society.
• The model of providing 50% of reservation in local bodies have proved successful because along with securing representation of women it has also leads to solution of core issues at basic level of society through discussion and will.
• Women who are in system have actively contributed and participated in socio-economic development of their respective area.
• Women are seen to have raise issues boldly and accurately without caring about personal benefits and also follow empathetic approach in resolving issue.
• As part of almost half of population their role in decision making become influential and considerable because it helps maintain balance in society.
• It has immense societal, psychological and anthropological effects on our system.
• It helps women to emerge as leader of state and at national level and to be at topmost position of country.
• Ultimately inclusion of women will provide broader range of perspectives to the decision making process of country.

Criticisms of Act and practical loopholes:

• The applicability of Act mentions about implementation after delimitation where the data of census play a major role and as of now we possessed data of 2011 (15 years back), hence the implementation of act is practically possible after census and delimitation which may take long time.
• Another criticism is regarding not inclusion of females from OBC communities separately which is specifically recommended in Gita Mukherjee Report of 1996.
• There is no provision of reservation of women in upper house of legislatures that is Rajyasabha and State legislative councils respectively.
• The act will be implemented prima-facie for 15 years and provisions for further will be made in parliament at that moment.
• One of major problems of women reservation is that women sometimes act as proxy of any male member in constituency because male member who was influential in area might didn’t get a chance to contest because of this reservation. So he try to induct any related female to establish control.
• In cases of above situation women does not have independent autonomy and act as rubberstamp nullify purpose of reservation and restricting the competent female candidate from participating.
• One argument also points out discrimination in said policy as it is promoting women not on merits but on basis of their gender identity.

Way forward:

• In 21^st century where it is evident that women can survive independently, it is high time to treat them with spirit of equality and dignity in political spheres.
• Political parties will encourage more women to join politics and take part in legislative process.
• This will help in eradicating social taboos, discrimination and beliefs against women in society. (say- overcoming patriarchal mindset)
• Reforms in electoral process and increased in voter turnout and political participation for ensuring representation.
• It will help strengthen independent decision making of woman.
• Leads to increase in awareness and education of woman.”

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[1] Selected speeches of women members of constituent assembly by Rajyasabha, https://cms.rajyasabha.nic.in (last visited 13 October 2024)

[2] 2023 women in parliament, www.ipu.org, (Last visited 14 October 2024)