Women’s Reservation Bill

On September 20, 2023, the Lok Sabha passed the Nari Shakti Vandan Adhiniyam, 2023, commonly known as the Women’s Reservation Bill. The bill aims to reserve one-third of the seats in the Lok Sabha and state legislative assemblies for women. Following suit, the Rajya Sabha also passed the bill on September 21, 2023. This significant step towards gender equality in politics marks a milestone in empowering women and promoting their representation in decision-making bodies.

Key Features Of The Nari Shakti Vandan Adhiniyam, 2023

Reservation for women: The Bill aims to allocate approximately one-third of all seats for women in Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. This provision will also extend to the seats reserved for SCs and STs in Lok Sabha and state legislatures.

Commencement of reservation: The reservation will take effect once the census, conducted after the enactment of this Bill, has been published. Following the census, delimitation will be carried out to ensure representation for women. This reservation will be in place for a duration of 15 years, but it may continue until a date determined by legislation passed by Parliament.

Rotation of seats: Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament.

History Of Women’s Reservation Bill

Several attempts were made to amend the Constitution to set aside places for women in Parliament and state legislatures. These attempts took place in 1996, 1998, 1999, and 2008. However, the Bills introduced during these years did not succeed and ended with the dissolution of their respective Lok Sabhas.

The last Bill, proposed in 2008, passed in Rajya Sabha, but failed to survive the dissolution of the 15th Lok Sabha. Both the 1996 and 2008 Bills were scrutinised by parliamentary committees. These committees agreed on the proposal to reserve seats for women.

Here’s a brief look at the history of the issue of women’s reservation in India:

Pre-Independence: The Women’s Reservation Bill has a long history, dating back to before India’s independence. High-profile women leaders of the time, including Begum Shah Nawaz and Sarojini Naidu, opposed any special privileges. They believed that such treatment would undermine their fight for complete political equality. The idea of reserving seats for women was also brought up during the Constituent Assembly debates, but it was dismissed. The reason given was the expectation that all social groups would receive fair treatment once India became a democratic nation.

1971: In 1971, the Committee on the Status of Women in India pointed out a drop in women’s political representation. They suggested quotas in local bodies. Following this, state governments started to introduce reservations for women in these bodies.

1988: In 1988, a significant suggestion came from the National Perspective Plan for Women. They proposed that women should get reservations. This was recommended at all levels, from the local panchayat up to Parliament.

1992/93: In 1992 and 1993, the National Perspective Plan for Women led to significant changes in the Indian Constitution. These were brought about by the 73rd and 74th Amendments. These changes required all state governments to set aside one-third of seats for women in their local governing bodies, known as Panchayati Raj institutions. Additionally, a third of the leadership roles at every level should be filled by women. Special provisions were also made for women from SC/ST communities, with a one-third reservation in place for them.

1996: In 1996, the United Front government, under the leadership of Deve Gowda, introduced the Women’s Reservation Bill in the Lok Sabha. It was presented as the 81st Amendment Bill. However, it faced opposition from Mulayam Singh Yadav of the SP, Lalu Prasad of the RJD, and Sharad Yadav of the Samata party. Consequently, the bill was sent to a joint parliamentary committee for review. The committee completed its examination and submitted a report to the Lok Sabha in December 1996. Despite these efforts, the bill lapsed due to the dissolution of the Lok Sabha.

1998: In 1998, the government led by Atal Bihari Vajpayee of the NDA reintroduced the bill in the 12th Lok Sabha. This caused chaos in the House. An RJD MP even ripped a copy of the bill. However, the bill didn’t receive the necessary backing and was dropped again. In the years that followed – 1999, 2002, and 2003 – the bill was introduced several times. Over time, it gradually gained the support of more parties.

2008: In 2008, the 108th Constitution Amendment Bill was introduced. It was subsequently brought before the Rajya Sabha. On March 9, 2010, the bill was passed. However, after this point, its progress came to a halt.

Low Representation Of Women In Politics

• The representation of women candidates in India’s electoral history is strikingly low, never going beyond 15% in over 70 years. Their percentage was even lower in the 2019 general elections, standing at a mere 9%. The share of women candidates has never surpassed this figure.
• Currently, women make up only 14% of the Lok Sabha with 78 members, and 12% of the Rajya Sabha with 29 members.
• When considering the 4,120 Vidhan Sabha members, the total representation of women in both Parliament and State Legislatures drops to just 9%.
• Despite 75 years of progress, the rate of increase is so slow that it may take an additional 40 years to reach the UN-recommended minimum of 33% representation.
• This figure marks a significant underrepresentation when compared to the global average, with countries like Rwanda (61%), South Africa (43%), and Bangladesh (21%) outpacing India.
• According to the Inter-Parliamentary Union’s most recent report, India ranks 144th out of 193 countries in terms of women’s representation in Parliament.
• India has a significantly low percentage of women in its Parliament, one of the smallest worldwide. In comparison with BRICS countries, including recent members, India’s women representation is a mere 15%, only higher than Iran’s 6%. Meanwhile, countries like South Africa and Ethiopia have made considerable progress in increasing the number of women in their national legislatures.
• When it comes to State Legislative Assemblies, the percentage of women MLAs is often significantly lower. Only one state, Tripura, has reached the 15% mark. In 20 states and Union territories, women make up less than 10% of Legislative Assemblies. This list includes states like Gujarat (8.2%), Maharashtra (8.3%), Andhra Pradesh (8%), Kerala (7.9%), Tamil Nadu (5.1%), Telangana (5%), and Karnataka (4.5%).
• In a notable development, Nagaland elected its first women MLAs in the 2023 election. In contrast, Mizoram hasn’t seen a woman MLA in its last seven Assemblies.
• Among all parties, women make up only 13.5% of the members in the Bhartiya Janata Party. This party is the largest in the Lower House. Biju Janta Dal has the highest proportion of female MPs in the Lok Sabha, at 41.7%.
• Trinamool Congress is close behind, with 40.9% women MPs. Looking at the State Legislative Assemblies, Trinamool Congress in West Bengal has the most women MLAs at 15.3%. Chhattisgarh’s Congress is next, with 14.7% women MLAs. In contrast, the Congress in Karnataka (3%), the Bharat Rashtra Samithi in Telangana (3.4%), and the Dravida Munnetra Kazhagam in Tamil Nadu (4.5%) have the lowest percentages of women MLAs.

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Why India Needs Women’s Reservation Bill

• Having an elected role in legislative bodies can shift societal power dynamics and challenge gender norms.
• Women’s influence in decision-making processes is amplified when they have an elected membership in these bodies.
• Politics, a domain dominated by men, is still not an equal playground for women. Women leaders face multiple hurdles, including sexism and character assassination, to enter and stay in politics.
• Regular discouragements, like being told they don’t belong in politics, prevent women from actively participating in politics and decision-making.
• The smaller number of women in power in India is a demonstration of the patriarchal tendencies within the power structure.
• The latest ‘Gender Gap Report’ by the World Economic Forum ranked India as 135th out of 156 countries in terms of gender parity, highlighting the prevalent gender inequality.
• Women face no legal obstacles in joining elected bodies, yet they encounter hindrances, impede their legislative voice.
• The government needs to act affirmatively and proactively.
• Reservation is not the ultimate solution to India’s entrenched gender bias. Nevertheless, reservation is a crucial stride toward inducing change and promoting equality.
• Research has proven that the 73rd and 74th Amendment Acts’ gender quota has increased women’s involvement in mainstream politics through local administration.
• Equal participation between genders is critical for a just and representative democracy.
• While there are no legal restrictions preventing women from joining elected bodies, other hurdles exist. Government intervention is necessary to overcome these obstacles.
• Reservations alone cannot eradicate gender bias in India, but they represent a significant initial move towards equality.

Evidence From Reservation At the Local Level

In December 1992, the Parliament passed the 73rd and 74th Constitutional Amendments, which introduced local self-governance in both rural and urban India. These amendments took effect as the Constitution (73rd Amendment) Act, 1992 on April 24, 1993, and the Constitution (74th Amendment) Act, 1992 on June 1, 1993.

These amendments added two new parts to the Constitution, namely, 73rd Amendment added Part IX titled “The Panchayats” and the 74th Amendment added Part IXA titled “The Municipalities”. The Local bodies–‘Panchayats’ and ‘Municipalities’ came under Part IX and IXA of the Constitution after 43 years of India becoming a republic.

• One-third of the total number of seats is reserved for women. One-third of the seats reserved for SCs and STs are also reserved for women.
• One-third of offices of chairpersons at all levels are reserved for women (Article 243D).

The Constitution’s 73rd and 74th amendments have led to the largest inclusion of women in politics at the local level.
Critics of this reform believe women lack the necessary political experience. They argue that the existing power dynamics persist, leading to accusations that women are merely proxies for male relatives in politics.

There are numerous instances where women are denied decision-making roles or even the opportunity to share a meeting space with male colleagues. Reports of violence against women who confront traditional power structures are not uncommon.

Despite these obstacles, increasing evidence indicates that female representatives are effecting change.

• Studies show that panchayats led by women outperform those led by men in the long term. The performance measures included eight services: drinking water, toilets, gutters, schools, ration shops, self-help groups, welfare scheme implementation, and male alcoholism.
• After three years, female-led panchayats perform slightly better than male-led panchayats. This difference becomes significant after five years.
• Women’s political involvement also seems to increase. This involves changes in voting patterns, knowledge about rights and the functioning of the panchayat, and participation in village-level political and social activities.
• Another significant finding is that the introduction of reservations for women at the local level leads to an increase in reported crimes in the medium term. This is not due to an increase in crime but to an increase in reporting.

The Women’s Reservation Bill: A Step Towards Gender Equality Or Not?

Arguments In Favour Of The Bill

• Affirmative action is seen as a key strategy to elevate women’s status, particularly in political arenas.
• Recent research on local councils (panchayats) demonstrates the powerful impact of reservation policies on women’s empowerment and resource distribution.
• The inclusion of women in legislative roles fosters a gender-conscious approach to law enactment.
• An American Economic Association study confirms that nations with a higher proportion of female parliamentarians are more likely to legislate and enforce gender-aware laws.
• The Nordic countries, boasting the highest numbers of female lawmakers, exemplify this trend by adopting inclusive and gender-sensitive national policies.
• Female politicians often prioritise issues such as gender equality, safety, elderly care, child welfare, and women’s health.
• In countries with greater female representation, there has been significant success in creating policies that foster social inclusivity and equality.
• Equitable representation for women in legislative bodies can enhance decision-making quality, thereby empowering both females and the nation.
• Achieving social development with equity and justice necessitates equal female representation in Parliament, making the Women’s Reservation Bill a crucial legislative measure.
• Participatory democracy is about including everyone, and every Indian’s aspirations need recognition.
• Despite attempts to promote equal representation, there are still barriers due to politics and society being interconnected.
• Political parties are often more focused on personal gains than ideological principles, inhibiting change.
• The women’s reservation Bill will secure women’s representation, bringing about a shift in politics and addressing social discrepancies.
• The Bill enables women to get out of their houses and overcome the obstacles to entering politics.
• The introduction of this Bill will not only change the language of parliamentary democracy but also its very structure.

Arguments Against The Bill

• The women’s reservation bill is aimed at promoting inclusivity. Yet, it may cause a discord between two core principles:
  • Our parliament’s structure is based on territorial representation.
  • It strives for proportional representation.

• The bill, aimed at reserving seats for women, may dilute the power of individual representatives. This could happen as constituencies might face more frequent changes in representation.
• Critics argue that the bill might lead to gender-based competition, instead of merit-based.
• They worry that focusing on gender-based reservation may overshadow larger electoral reform issues such as tackling criminalisation of politics and promoting inner-party democracy.
• The mandate to vote for women candidates limits voter choice, and alternatives such as party-based reservation and dual-member constituencies are suggested.
• Rotation of reserved seats may discourage MPs from serving their constituencies due to fears of ineligibility for re-election.
• The bill faces opposition from politicians representing socially and economically backward classes, who believe it may mostly benefit women from elitist groups.
• Concerns are raised that the general quota may favour upper-caste women and impinge on the existing quotas for Other Backward Classes, Scheduled Castes, and Tribes.
• Compulsory reservation for women may not address deep-rooted power imbalances as inexperienced candidates may find it hard to fundraise, serve their constituencies effectively, and secure re-election.
• Instances such as ‘Pradhan Patis’ in Uttar Pradesh and Bihar are cited, where women candidates hold reserved seats in name, but the real power is wielded by their husbands.

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Alternate Methods Of Representation

A third of parliamentary seats could be reserved for women, but this might limit voter choice in these particular areas. Experts had suggested two other methods. One is to reserve seats for female candidates within political parties. Another is to create dual-member constituencies. Here, one candidate must be a woman.

In the past, India had multi-member constituencies with a member from SC/ST. But in 1961, a law made all constituencies single-member. This was because the areas were too big and representatives from SC/ST believed they would get more importance in constituencies reserved solely for them.

Pros & Cons Of Reservation In Political Parties

Advantages

• Empower voters with a broader range of democratic choices.
• Enhance the flexibility given to parties in selecting candidates and constituencies based on local political and social considerations.
• Women from minority communities in strategically advantageous areas can be nominated for electoral purposes.
• Promote flexibility in the representation of women in Parliament.

Disadvantages

• There is no assurance that a substantial number of women would secure election.
• Political parties may assign women candidates to constituencies where they are weak.
• Accommodating a woman at the expense of a stronger male candidate could potentially create feelings of resentment.

Pros And Cons Of Dual Member Constituencies

Advantages

• The democratic choice for voters remains unaffected and unimpaired.
• Does not discriminate against male candidates.
• Might make it easier for members to nurture constituencies whose average size is about 2.5 million people.

Disadvantages

• Sitting members may have to share their political base.
• Women may become secondary persons or add-ons.
• In order to meet the requirement of having 33% women representatives, half of the seats need to be designated as dual constituencies. However, this would result in a 50% increase in the total number of MPs, potentially making deliberations in Parliament more challenging.

Ratifying Reservation

If the Women’s Reservation Bill is passed by Parliament, does it need to be ratified by state legislatures before being signed into law by the President? According to an analysis by PRS, ratification by state legislatures is not necessary.

The reasons cited by the PRS are given below: This Bill amends the Constitution. It (a) amends Article 239AA, Article 331, and Article 333, and (b) inserts Article 330A, Article 332A, and Article 334A. In doing so the Bill:

• Seeks to reserve one-third of all seats for women in the Lok Sabha and the state legislative assemblies;
• One third of the total number of seats reserved for Scheduled Castes and Scheduled Tribes shall be reserved for women of those groups in the Lok Sabha and the legislative assemblies;
• Reserved seats may be allotted by rotation to different constituencies.

Article 368 governs the process of amending the Constitution. It specifies that the consent of state legislatures is necessary for constitutional amendments in the following instances:

• a. If there is a change in the provisions regarding elections to the post of the President of India.
• b. If there is a change in the extent of the executive power of the centre or the state governments.
• c. If there is any change in the provisions regarding the Union judiciary or the High Courts.
• d. If the distribution of legislative powers between the centre and the states is affected. e. If any of the Lists in the Seventh Schedule is affected. f. If the representation of the states in the Rajya Sabha is changed.
• g. Lastly, if Article 368 itself is amended.

The Women’s Reservation Bill does not encompass any of these provisions. Recently, the Parliament extended the reservation of seats for SCs, STs, and Anglo-Indians in Lok Sabha and Legislative Assemblies for another ten years.

Article 334 was amended to state that such reservation “will cease to have effect on the expiration of a period of seventy years from the commencement of the Constitution.”

The 109th Amendment Bill received approval from both Houses of Parliament and was signed into law by the President without the need for state ratification.

Therefore, if bills amending provisions for reserving seats for SCs and STs do not require ratification by state legislatures, it logically follows that a bill reserving seats for women should not require ratification either.

Article 368 provides a clear framework for the situations in which state legislatures must ratify legislation before it can receive the President’s assent.