Hindu Editorial Analysis : 26-September-2023

The recent passage of the Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, also known as the Nari Shakti Vandan Adhiniyam, in both houses of the Indian Parliament marks a significant development in the journey towards gender equality in politics. This amendment aims to provide 33% reservation for women in both the Lok Sabha (House of the People) and state Legislative Assemblies, addressing a longstanding issue of underrepresentation of women in Indian legislatures.

History of Women’s Reservation in Indian Politics

Post Independence:

  • In the Constituent Assembly, there was no discussion or support for women’s reservations in politics.
  • It wasn’t until the 1970s that a shift in attitude occurred, spurred by the shocking findings of the 1974 ‘Towards Equality’ report, which highlighted the declining status of women.

Reservation in Panchayati Raj and Urban Local Bodies:

  • The 73rd and 74th Constitutional Amendment Acts in 1992 mandated one-third of seats for women in Panchayati Raj institutions and urban local bodies.
  • This legislation also reserved one-third of chairperson positions for women.

Attempts for Quota in Legislature:

  • Efforts to establish a quota for women in the legislature began in the mid-1990s.
  • In March 2010, the Rajya Sabha passed The Constitution (One Hundred and Eighth Amendment) Bill, 2008, but it did not progress in the Lok Sabha.
  • Gender-neutral language changes were made in Lok Sabha procedures in 2014, promoting inclusivity.

Women Leaders in Politics:

  • India boasts charismatic female leaders like Indira Gandhi, Jayalalitha, Mayawati, Sushma Swaraj, and Mamata Banerjee.
  • The 2019 general election saw a historic increase in women MPs, although it remains disproportionate to the population.
Recent Women’s Reservation Bill Highlights

Representation Disparity:

  • The 2023 Bill recognized that despite women’s significant participation in local bodies, their representation in state legislatures and Parliament remained limited.
  • Women MPs constitute only 15% of the Lok Sabha and approximately 10% in many State Assemblies.

Reservation Proposal:

  • The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, aims to reserve 33% of seats for women in both Lok Sabha and state Legislative Assemblies.
  • It includes seats reserved for women belonging to Scheduled Castes and Scheduled Tribes.

Introduction of New Articles:

  • The Bill proposes new articles, 330A and 332A, in the Constitution, outlining provisions for Lok Sabha and Assemblies, respectively.

Delimitation and Sunset Clause:

  • The implementation of women’s reservation hinges on the delimitation process, further delaying its effect.
  • The Bill includes a sunset clause, setting the reservation period at 15 years from the Act’s commencement.
Challenges and Criticisms

Vagueness of Implementation:

  • Critics argue that the Bill’s late introduction and numerous conditions make its implementation uncertain.
  • Effective operationalization in the Lok Sabha may only occur after the 2029 general elections.

Delimitation Process and Delay:

  • Delimitation has been frozen for years, with the next exercise scheduled after the 2026 Census results.
  • Doubts exist about the readiness for implementation by 2029.

Specifications and Enactment of a Law:

  • The Bill doesn’t specify how the reserved seats will be identified.
  • It is expected that a separate law will address seat determination.
  • For instance, amendments to Articles 82 and 170(3) of the Constitution will be needed for delimitation.
Why In News

The Nari Shakti Vandan Adhiniyam, formally known as the Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, has successfully garnered bipartisan support and sailed through both houses of Parliament. This historic legislation stands as a testament to the nation’s commitment to empowering and honoring the strength and resilience of women.

MCQs about The 2023 Reservation Bill

  1. What is the primary objective of the Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023?
    A. To reserve 33% of seats for women in Lok Sabha and state Legislative Assemblies.
    B. To introduce new articles in the Constitution.
    C. To freeze the delimitation process.
    D. To empower women in Panchayati Raj institutions.
    Correct Answer: A. To reserve 33% of seats for women in Lok Sabha and state Legislative Assemblies.
    Explanation: The main objective of the Bill is to provide 33% reservation for women in Lok Sabha and state Legislative Assemblies.
  2. When did the shift in attitude towards women’s political empowerment begin in India?
    A. In the 1950s
    B. In the 1970s
    C. In the 1990s
    D. In the 2000s
    Correct Answer: B. In the 1970s.
    Explanation: The shift in attitude towards women’s political empowerment in India began in the 1970s, following the findings of the ‘Towards Equality’ report.
  3. What is the major criticism mentioned in the essay regarding the 2023 Reservation Bill?
    A. The bill lacks a sunset clause.
    B. The bill was introduced too early.
    C. The bill’s conditions make its implementation uncertain.
    D. The bill specifies how reserved seats will be identified.
    Correct Answer: C. The bill’s conditions make its implementation uncertain.
    Explanation: A major criticism of the 2023 Reservation Bill is that its late introduction and various conditionalities make its implementation uncertain.
  4. Which Constitutional Amendments provided reservation for women in Panchayati Raj institutions and urban local bodies?
    A. 42nd and 44th Constitutional Amendments
    B. 73rd and 74th Constitutional Amendments
    C. 69th and 75th Constitutional Amendments
    D. 80th and 85th Constitutional Amendments
    Correct Answer: B. 73rd and 74th Constitutional Amendments.
    Explanation: The reservation for women in Panchayati Raj institutions and urban local bodies was introduced through the 73rd and 74th Constitutional Amendments.

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