Daily Current Affairs : 20-September-2023

Indian politics has taken a significant step towards achieving gender equality with the introduction of the 128th Constitutional Amendment Bill 2023 during a special session of Parliament. This bill, aimed at reserving 33% of seats for women in the Lok Sabha and state Legislative Assemblies, has far-reaching implications for the country’s political landscape. It extends the quota to seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs), marking a crucial development in India’s journey towards inclusive governance. This essay explores the key dimensions of this landmark bill.

Highlights of the 128th Constitutional Amendment Bill 2023
  • Similarity to Previous Bill: The 128th Constitutional Amendment Bill 2023 bears similarities to the 108th Constitutional Amendment Bill 2008, which was passed by the Rajya Sabha in 2010. It aims to reserve one-third of the seats filled by direct election in the Lok Sabha for women, including SC/ST women. Similar provisions are proposed for state Legislative Assemblies.
  • Exclusion of Rajya Sabha and Legislative Councils: Notably, the reservation does not apply to the Rajya Sabha or state Legislative Councils. New articles, 330A and 332A, will be introduced in the Constitution for Lok Sabha and Assemblies, respectively.
  • Duration of Reservation: The reservation will be in effect for 15 years from the commencement of the Act. However, its implementation hinges on the delimitation process. Unfortunately, women’s reservation in the Lok Sabha may not become operational before the 2029 general elections due to the timeline of delimitation.
Constitutional Amendments for Delimitation
  • Article Amendments: Delimitation necessitates amendments to Articles 82 and 170(3) of the Constitution, which pertain to constituency readjustment and Legislative Assembly composition.
  • Method for Identifying Reserved Seats: While the bill does not specify the method for identifying one-third of seats, it suggests a rotation of reserved seats. The proposed constitutional amendment grants the government the authority to enact an implementation law. In a previous attempt in 2010, the government proposed obtaining reserved constituencies for women through a draw of lots to prevent repeated reservation in three consecutive elections.
Deciding Currently Reserved Seats for SCs and STs
  • Delimitation Act 2002: The Delimitation Act 2002 provides the principles for reserving seats. The Delimitation Commission determines the number of reserved seats in Parliament and Assemblies based on population. Seats reserved for SCs are distributed across the state, primarily in areas with a significant SC population, while seats reserved for STs are located in areas with the largest ST population.
Reservation for Women in Panchayati Raj Institutions (PRIs) and Urban Local Bodies
  • Legislative Background: Article 243D, added by the 73rd Amendment Act 1992, reserves seats for SCs, STs, and women in Panchayats. Furthermore, Article 243D mandates that at least one-third of seats reserved for SCs and STs must also be reserved for women.
  • Positive Outcomes: Government data indicates promising results, with over 50% of elected representatives being women in 18 states, including Uttarakhand, Assam, Tamil Nadu, Bihar, Rajasthan, and Madhya Pradesh. The highest proportion of women representatives was in Uttarakhand (56.02%), while the lowest was in Uttar Pradesh (33.34%). Nationwide, there were 45.61% women representatives in PRIs.

Important Points:

Highlights of the 128th Constitutional Amendment Bill 2023:

  • Reserves 33% of seats in the Lok Sabha and state Legislative Assemblies for women.
  • Similar to the 108th Constitutional Amendment Bill 2008.
  • Excludes reservation for the Rajya Sabha and state Legislative Councils.
  • New articles, 330A and 332A, will be introduced in the Constitution.
  • Reservation effective for 15 years, contingent on the delimitation process.

Constitutional Amendments for Delimitation:

  • Amendments required to Articles 82 and 170(3) for constituency readjustment.
  • Method for identifying reserved seats not specified, suggests rotation.
  • Government granted authority to enact an implementation law.

Deciding Currently Reserved Seats for SCs and STs:

  • Delimitation Act 2002 provides principles for reserving seats.
  • Delimitation Commission determines reserved seats based on population.

Reservation for Women in Panchayati Raj Institutions (PRIs) and Urban Local Bodies:

  • Article 243D, added by the 73rd Amendment Act 1992, reserves seats for SCs, STs, and women in Panchayats.
  • Mandates one-third of SC/ST reserved seats be reserved for women.
  • Positive outcomes in various states, with over 50% women representatives in PRIs.
Why In News

In a landmark moment in Indian political history, the Government of India unveiled the 128th Constitutional Amendment Bill 2023 during a historic special session of Parliament. This groundbreaking bill not only advocates for the allocation of 33% of seats in the Lok Sabha and state Legislative Assemblies to women but also extends this pivotal quota to seats earmarked for SC/STs, marking a significant stride towards inclusivity in Indian governance.

MCQs about Fostering Gender Equality in Indian Politics

  1. Which legislative bodies are excluded from the reservation for women according to the bill?
    A. Rajya Sabha and state Legislative Assemblies
    B. Lok Sabha and Rajya Sabha
    C. Rajya Sabha and state Legislative Councils
    D. Lok Sabha and state Legislative Councils
    Correct Answer: C. Rajya Sabha and state Legislative Councils
    Explanation: According to the bill, the reservation for women does not apply to the Rajya Sabha and state Legislative Councils.
  2. How are seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) determined according to the Delimitation Act 2002?
    A. Reserved seats for SCs and STs are distributed based on economic criteria.
    B. Reserved seats for SCs and STs are determined by a lottery system.
    C. Seats reserved for SCs are distributed primarily in areas with a significant SC population, and seats reserved for STs are located in areas with the largest ST population.
    D. Reserved seats for SCs and STs are determined based on political party recommendations.
    Correct Answer: C. Seats reserved for SCs are distributed primarily in areas with a significant SC population, and seats reserved for STs are located in areas with the largest ST population.
    Explanation: According to the Delimitation Act 2002, seats reserved for SCs are distributed primarily in areas with a significant SC population, while seats reserved for STs are located in areas with the largest ST population.
  3. What is the primary focus of the 128th Constitutional Amendment Bill 2023?
    A. Reserving 33% of seats in local municipal bodies for women.
    B. Reserving 33% of seats in the Rajya Sabha for women.
    C. Reserving 33% of seats in the Lok Sabha and state Legislative Assemblies for women.
    D. Reserving 33% of seats in private companies for women.
    Correct Answer: C. Reserving 33% of seats in the Lok Sabha and state Legislative Assemblies for women.
    Explanation: The primary focus of the 128th Constitutional Amendment Bill 2023 is to reserve 33% of seats in the Lok Sabha and state Legislative Assemblies for women.

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