Women’s Reservation Bill 2023
Written by K.SOWNDARYA
Introduction
Pending for nearly 27 years the women’s reservation bill was tabled in the very first Lok Sabha session of the new parliament house on 19th September by Minister of Law and Justice Arjun Ram Meghwal. Known as the NARI SHAKTI VANDAN ADHINIYAM.
Thirty-three per cent of the seats in the Lok Sabha, the state legislatures, and the Delhi legislative assembly will be reserved for women. The bill, even if passed, will only take effect after the first delimitation of constituencies, which is likely to take place in 2027. So, the bill won’t come into effect during the upcoming 2024 Lok Sabha election. Meghwal said that 181 seats would be reserved for women in the current strength of 543 of the parliament. One-third of the seats reserved for SCs and STs in the Lok Sabha will be reserved for women from these categories. So, in the current strength of 543, for example, 28 out of 84 seats reserved for SCs will be reserved for SC women. And 16 out of 47 seats reserved for STs will be reserved for ST women. The bill however does not mention reservation for other Backward classes.
There will be no reservation in either the Rajya Sabha or the state legislative councils. The reservation will be in place only for 15 years after the bill becomes the act. But this term can be extended. The seats reserved for women will be rotated after each delimitation exercise. The current Bill does not provide women’s reservation in the Rajya Sabha and State Legislative Councils. The Rajya Sabha currently has a lower representation of women than the Lok Sabha. Representation is an ideal that must be reflected in both the Lower and Upper Houses[1].
Women reservation bill implementation:
The implementation of the reservation provision is not immediate. Contingent on two processes- delimitation exercise and census. Only if the census comes out delimitation exercise will happen. Since COVID-19 the census has not been completed, 2021 census has not been published till now. If the census is delayed the delimitation exercise is also delayed. The election will be held in 2024. Therefore, even if the bill is passed as an act, it cannot be implemented.
How the women’s reservation bill related to delimitation:
Delimitation is the process of redrawing parliamentary and assembly constituencies based on the latest population data. After the census the delimitation exercise takes place. Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. The job of delimitation is assigned to a high-power body[2].
The census 2021 will be the basis for the delimitation exercise that would result in an increase and redefining of boundaries of parliamentary and constituent assembly. Boundaries of Lok Sabha and assembly constituencies must be redrawn to ensure equitable representation. The vote of every person carries similar weight. The ratio of the number of constituencies and the population of the state is broadly similar. As the population changes, there is a need to readjust the number and boundaries of the constituencies. This population change can only told through census and delimitation exercises takes place.
Constitutional requirement to carry out delimitation of constituencies after every census.
Article 82: “Readjustment after each census”
Articles 81, 170, 330, and 332: Deal with the composition and reservation of seats in Lok Sabha and state assemblies, and also refer to these readjustments.
The delimitation exercise is conducted by an independent delimitation commission. They are appointed by the president of the country and the decisions of the delimitation commission are considered final, and unchangeable in any court.
Last delimitation exercise:
The census has been carried out seven times since independence. Delimitation has been carried out only four times- 1952, 1963, 1973 and 2002. A number of Lok Sabha constituencies have not changed since 1976, only the redrawing took place. The next delimitation exercise took place on the basis of the first census carried out after 2026 because that is 25 years after the 84th amendment.
84th Amendment Act: constituency borders were frozen until the first census after 2026, or at least until after 2031.
Delimitation exercise is important because it results in a change in the total number of parliamentary and assembly seats. 1951 census increased the Lok Sabha seats from 489 to 494 and in 1961 it was increased to 522, further in 1971 it was increased to 543.
Importance of Women Reservation Bill 2023
- Caste groups – Any plan for women’s reservation must adhere to constitutional principles and take caste diversity into consideration.
- Gender quota – Women’s representation would remain minimal without a gender quota, severely undermining our democracy.
- Panchayats – Recent research on panchayats has shown the beneficial impact of reservation on the distribution of resources and the empowerment of women.
- Vote share – Despite an increase in the percentage of women voting, there are still not enough women in positions of authority[3].
conclusion
This landmark bill, passed by both houses of parliament, will also constitutionally entrench women’s representation in parliament, and be a transformative move in upholding the right to participation for women and gender equality in India. Looking at the example India has set, the High Commissioner calls on parliamentarians around the world to adopt legislative measures – including, where necessary, gender quotas – in order to ensure women’s voices are at the centre of their nations’ political discourse, in full parity with others. The Bill requires ratification by at least 50 per cent of the states, and we call for their swift support. The High Commissioner calls on the Government to implement the new system as soon as possible, alongside the existing reservation for ‘scheduled castes’ and ‘scheduled tribes. We stress the importance of fostering an enabling environment for the participation of women from all backgrounds in public life – which can have profound, positive implications for society as a whole. This is an important step towards the implementation of the Sustainable Development Goals as well as India’s obligations under the UN Convention on the Elimination of All Forms of Discrimination Against Women[4].
[1] https://www.drishtiias.com/daily-updates/daily-news-analysis/women-s-reservation-bill-2023#:~:text=Recently%2C%20the%20Lok%20Sabha%20(LS,assemblies%20and%20the%20Delhi%20assembly.
[2] https://eci.gov.in/delimitation-website/delimitation/#:~:text=Delimitation%20literally%20means%20the%20act,to%20a%20high%20power%20body.
[3] https://rajneetpg2022.com/women-reservation-bill/
[4] https://www.ohchr.org/en/press-briefing-notes/2023/09/india-passing-womens-reservation-bill
Keywords: Women’s Reservation Bill 2023, Women’s Reservation Bill 2023 in India
