Hindu Editorial Analysis : 25-January-2024

The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, also known as the Nari Shakti Vandan Adhiniyam, recently passed in both Houses of Parliament. This historic legislation aims to provide 33% reservation to women in both Lok Sabha and state Legislative Assemblies.

History of Women’s Reservation in Indian Politics

Post-Independence

  • The Constituent Assembly showed no support for women’s political reservations.
  • The 1974 ‘Towards Equality’ report revealed alarming findings about the declining status of women in India.

Reservation in Panchayati Raj and Urban Local Bodies

  • The 73rd & 74th Constitutional Amendment Act allocated one-third of seats to women in Panchayati Raj institutions and urban local bodies.
  • It also reserved one-third of chairperson positions for women.

Attempts for Legislative Quotas

  • Ongoing attempts since the mid-1990s.
  • The 2010 Constitution (One Hundred and Eighth Amendment) Bill lapsed in Lok Sabha.

Gender-Neutral Language

  • In 2014, Lok Sabha adopted gender-neutral language in its rules, replacing “chairman” with “chairperson.”
Women Leaders in Politics
  • Despite charismatic leaders like Indira Gandhi and others, women’s representation in Parliament was minimal until the 2019 general election.
  • The 2019 election saw a historic increase, with 78 women elected to the Lok Sabha.
Recently Passed Women’s Reservation Bill Highlights

Low Representation in Legislatures

  • The bill acknowledges the limited representation of women in state legislatures and Parliament (15% in Lok Sabha and around 10% in state assemblies).

Provisions of the Bill

  • The Constitution (One Hundred and Twenty-eighth Amendment) Bill proposes 33% reservation for women in Lok Sabha and state Legislative Assemblies.
  • It introduces new articles—330A and 332A—in the Constitution for Lok Sabha and Assemblies, respectively.

Implementation Conditions

  • Contingent upon the delimitation process.
  • Includes a sunset clause, limiting reservation to 15 years from the Act’s commencement.
Challenges & Criticisms

Vagueness in Implementation

  • Opposition criticizes the late presentation and conditionalities that make the actual implementation vague.

Delimitation Process and Delay

  • Delimitation might not be completed before the 2029 general elections due to conditions and delays.
  • The 42nd Amendment froze delimitation until after the 2026 Census.

No Implementation Arrangements

  • Concerns about whether implementation arrangements will be in place by 2029.

Specifications and Enactment of Law

  • Lack of specification on how reserved seats will be identified.
  • The proposed amendment empowers the government to enact a separate law for implementation.
Why In News

The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, also referred to as the Nari Shakti Vandan Adhiniyam, has been successfully passed in both Houses of Parliament, marking a historic milestone in recognizing and empowering the strength of women in our society.

MCQs about Women’s Reservation Bill, 2023

  1. What is the primary objective of the Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, also known as the Nari Shakti Vandan Adhiniyam?
    A. To establish gender-neutral language in legislation
    B. To provide 33% reservation to women in Lok Sabha and state Legislative Assemblies
    C. To commemorate women leaders in Indian politics
    D. To freeze the delimitation process
    Correct Answer: B. To provide 33% reservation to women in Lok Sabha and state Legislative Assemblies
    Explanation: The bill aims to provide 33% reservation to women in both Lok Sabha and state Legislative Assemblies.
  2. Which Constitutional Amendment Acts provided reservation to women in Panchayati Raj institutions and urban Local Bodies?
    A. 42nd & 43rd
    B. 73rd & 74th
    C. 85th & 86th
    D. 92nd & 93rd
    Correct Answer: B. 73rd & 74th
    Explanation: The 73rd & 74th Constitutional Amendment Acts provided one-third of seats to women in Panchayati Raj institutions and urban Local Bodies.
  3. What does the sunset clause in the Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023 specify?
    A. Reservation for women is temporary and will end after 15 years from the Act’s commencement
    B. Delimitation process must be completed before sunset
    C. Women’s reservation applies only during sunset hours
    D. The bill expires after 15 years unless renewed
    Correct Answer: A. Reservation for women is temporary and will end after 15 years from the Act’s commencement
    Explanation: The sunset clause in the bill mandates that the reservation for women is temporary and will end 15 years from the Act’s commencement.

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