About
The Women Reservation Bill, 2023, officially known as the Constitution (106th Amendment) Act, 2023, provides 33% reservation for women in the Lok Sabha, State Legislative Assemblies and the Legislative Assembly of the National Capital Territory (NCT) of Delhi. It aims to enhance women's political participation and ensure more inclusive and representative governance.
The reservation will become operational only after the first Census conducted after the commencement of the Act and the subsequent delimitation exercise. Once implemented, the reservation will continue for 15 years, although Parliament may extend it through legislation.
Constitutional Provisions (106th Constitutional Amendment Act, 2023)
| Article | Provision |
|---|---|
| Article 239AAA | Provides 33% reservation for women in the Legislative Assembly of NCT of Delhi. |
| Article 330A | Reserves one-third of seats for women in the Lok Sabha, including one-third of SC/ST reserved seats. |
| Article 332A | Provides one-third reservation for women in State Legislative Assemblies, including SC/ST reserved seats. |
| Article 334A | Reservation will come into force after the first Census and delimitation, remain effective for 15 years, and seats will rotate after every delimitation. |
Key Provisions of the Women Reservation Bill
- Reserves 33% of the total seats in the Lok Sabha for women.
- Provides 33% reservation for women in all State Legislative Assemblies.
- Ensures that one-third of the seats reserved for SCs and STs are also reserved for women belonging to these communities.
- Extends 33% reservation to the Legislative Assembly of the National Capital Territory (NCT) of Delhi.
- Comes into effect only after the first Census conducted after the Act and the subsequent delimitation exercise.
- Provides for the rotation of reserved constituencies after every delimitation exercise.
- The reservation shall remain in force for 15 years from the date of its implementation, unless extended by Parliament.
What Another Amendment is Needed?
Although the 106th Constitutional Amendment has been enacted, its implementation requires completion of constitutional processes linked to Census and delimitation.
- Conduct the first Population Census after the enactment of the 106th Amendment.
- Carry out fresh delimitation of parliamentary and assembly constituencies under the Delimitation Act. Article 82 and Article 170(3) of the Constitution would need to be changed in order to implement delimitation.
- Notify reserved constituencies after delimitation.
- Parliament may enact legislation to operationalise rotation and administrative procedures wherever necessary.
Note: No further constitutional amendment is expressly mandated by the Constitution. However, Census and delimitation are constitutional prerequisites before reservation can take effect.
Committees and Recommendations
Committee on the Status of Women in India (CSWI), 1971
- Constituted by the Government of India to assess the status of women before the International Women's Year (1975).
- Published the landmark report "Towards Equality" (1974).
- Concluded that the State had failed to ensure gender equality and recommended greater political participation of women.
- Its recommendations encouraged several States to introduce reservation for women in local bodies.
Margaret Alva Committee (1987)
- A 14-member committee headed by Margaret Alva prepared the National Perspective Plan for Women (1988–2000).
- Recommended reservation for women in elected bodies at all levels.
- Its recommendations led to the enactment of the 73rd and 74th Constitutional Amendment Acts, 1992, providing one-third reservation for women in Panchayats and Municipalities.
Geeta Mukherjee Committee (1996)
- Constituted to examine the 81st Constitutional Amendment Bill, 1996, the first Women's Reservation Bill.
- Recommended continuation of 33% reservation for women in Parliament and State Legislatures.
- Suggested that reservation for OBC women should also be considered at an appropriate stage.
- Proposed extending reservation to the Rajya Sabha and State Legislative Councils through a suitable mechanism.
Committee on the Status of Women (2013)
- Constituted by the Ministry of Women and Child Development.
- Recommended 50% reservation for women in Parliament, State Legislative Assemblies, Local Bodies, Council of Ministers, and Other public decision-making institutions.
- Emphasised substantive gender equality in political representation.
Status of Women's Reservation in Public Services
Women's Reservation through Horizontal Reservation
- The Constitution of India does not explicitly provide reservation for women in public employment. In fact, Article 16(2) prohibits discrimination in public employment solely on the ground of sex.
- Consequently, women are provided horizontal reservation, rather than vertical reservation, as recognised by the Supreme Court in Indra Sawhney v. Union of India (1992).
What is Horizontal Reservation?
- Horizontal reservation is a special reservation that cuts across all vertical categories such as General, SC, ST, and OBC.
- It applies to categories like women, persons with disabilities (PwDs), ex-servicemen, and transgender persons.
- The prescribed percentage of reservation for women is implemented within each vertical category, ensuring proportionate representation across all social groups.
Example: If 30% horizontal reservation is provided for women, then 30% of the selected candidates in each category (General, SC, ST, OBC, etc.) must be women, rather than reserving 30% of the total vacancies as a separate category.
Women Reservation in Panchayats and Urban Local Bodies
The 73rd and 74th Constitutional Amendment Acts, 1992 introduced reservation for women in local self-government institutions.
Current Status
- Several States, including Bihar, Rajasthan, Madhya Pradesh, Chhattisgarh, Odisha, Himachal Pradesh, Uttarakhand, Maharashtra, Kerala, Jharkhand and Tripura, have increased women's reservation in Panchayats and Urban Local Bodies from 33% to 50%.
| Amendment | Provision |
|---|---|
| 73rd Amendment (Article 243D) | Minimum 33% reservation for women in Panchayats, including Chairpersons and SC/ST reserved seats. |
| 74th Amendment (Article 243T) | Minimum 33% reservation for women in Municipalities, including offices of Chairpersons. |
Historical Background of Women's Reservation in India
- The demand for women's reservation in legislatures has its origins in the Indian national movement. In 1931, prominent leaders Begum Shah Nawaz and Sarojini Naidu, representing three leading women's organisations, submitted a joint memorandum to the British Prime Minister, advocating constitutional safeguards and adequate political representation for women in the future constitutional framework of India.
| Year | Development |
|---|---|
| 1974 | Committee on the Status of Women in India recommended greater political representation for women. |
| 1988 | National Perspective Plan recommended reservation in local bodies. |
| 1992-93 | 73rd and 74th Constitutional Amendments provided 33% reservation in Panchayats and Municipalities. |
| 1996 | Constitution (81st Amendment) Bill introduced in Lok Sabha but lapsed. |
| 1998 | Constitution (84th Amendment) Bill introduced but not passed. |
| 1999 | Constitution (85th Amendment) Bill introduced but lapsed. |
| 2008 | Constitution (108th Amendment) Bill introduced in Rajya Sabha. |
| 2010 | Rajya Sabha passed the Bill, but it lapsed with dissolution of the 15th Lok Sabha. |
| 2023 | Constitution (128th Amendment) Bill introduced and passed; became the 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam). |
Significance
- Enhances women's political representation in legislatures.
- Strengthens inclusive and participatory democracy.
- Promotes gender equality in political decision-making.
- strengthens democratic legitimacy through broader representation.
- Inspires greater political participation among young women.
- Aligns India with global commitments on gender equality.
Concerns
- Implementation delay due to Census and delimitation requirements (reservation not immediately operational).
- No OBC reservation within the women's quota (demand raised by several regional parties).
- Proxy representation may continue, similar to the "Sarpanch Pati" phenomenon observed in some Panchayats.
- May benefit politically connected women more than grassroots leaders (elite capture).
- No reservation in Rajya Sabha and State Legislative Councils, limiting comprehensive political inclusion.
- Possible disruption of constituency development, as frequent rotation may discourage sustained investment.
- Reservation alone cannot remove structural barriers such as campaign finance, patriarchy and political violence.
Way Forward
- Promote Independent Political Leadership: Establish robust monitoring and accountability mechanisms to prevent proxy representation and ensure that women representatives exercise independent decision-making free from familial or external influence.
- Enhance Awareness and Political Education: Expand awareness campaigns, civic education and leadership development programmes to equip women with the knowledge, confidence and skills required for effective political participation.
- Ensure a Safe Political Environment: Strengthen legal and institutional measures to prevent gender-based violence, intimidation and harassment, thereby enabling women to participate in politics without fear or discrimination.
- Reform the Electoral System: Consider electoral reforms such as proportional representation, preferential voting and greater intra-party quotas to improve women's representation in elected bodies.
- Address Socio-Cultural Barriers: Promote gender-sensitive education, challenge patriarchal norms and encourage equal participation of women in public decision-making through sustained social and institutional reforms.
Conclusion
The Nari Shakti Vandan Adhiniyam, 2023 marks a historic milestone in India's democratic journey by constitutionally guaranteeing women's representation in legislatures. However, its true success depends on timely implementation through Census and delimitation, inclusive representation across social groups, and complementary reforms that enable women to exercise meaningful political leadership rather than merely occupy reserved seats.
FAQs
Q1. Which Constitutional Amendment introduced the Women's Reservation Act?
Ans: The Constitution (106th Amendment) Act, 2023 introduced 33% reservation for women in legislatures.
Q2. How much reservation is provided under the Women's Reservation Act, 2023?
Ans: It provides 33% reservation for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly.
Q3. When will the Women's Reservation Act come into force?
Ans: It will be implemented after the first Census conducted after the Act and the subsequent delimitation exercise.
Q4. Does the Women's Reservation Act provide reservation for OBC women?
Ans: No, the Act provides reservation only for women in general and within SC/ST reserved seats, but not separately for OBC women.
Q5. Which Constitutional Amendments introduced women's reservation in Panchayats and Municipalities?
Ans: The 73rd and 74th Constitutional Amendment Acts, 1992 introduced at least 33% reservation for women in Panchayats and Urban Local Bodies.
