Women’s Reservation Bill, 2023 : Is It The End Of An Unending Story ?

Women reservation Bill, 2023 also known as Nari Shakti Vandan Adhiniyam, has been finally passed by the Parliament in a special session in newly built complex and has  also got assent of the President on 28^th September, 2023. This Act will be known as the Constitution (One Hundred and Sixth Amendment Act) 2023.  This is no doubt a  historic achievement as various attempts in the past to pass the bill had not succeeded.

In local governments reservation to women have already been given by 73rd and 74th amendment. Now reservation to women in House of the people and Legislative Assemblies is a great leap forward towards gender equality. This bill will substantially increase their presence in these legislative bodies.

Let us see the salient features of this amendment.

RESERVATION OF SEATS FOR WOMEN IN HOUSE OF THE PEOPLE

Article 330A has been inserted in Constitution to provide  reservation for women in House of the People.  

It provides for reservation of one-third of total elected seats of  House of the People  for women.  These reserved seats will also include reserved seats  for women belonging to Scheduled Castes and Scheduled tribes, which will be one-third of total reserved seats for Scheduled Castes and Scheduled Tribes in House of the People.

RESERVATION OF SEATS  FOR WOMEN IN LEGISLATIVE ASSEMBLIES OF STATES

Article 332 A has been inserted to provide  reservation for women in Legislative Assemblies of States.

It provides for reservation of one-third of total elected seats of  Legislative Assemblies of States for women. These reserved seats will  include reserved seats for women belonging to Scheduled Castes and Scheduled Tribes, which will be one-third of total reserved seats for Scheduled Castes and Scheduled Tribes in a Legislative Assembly.

RESERVATION OF SEATS FOR WOMEN IN DELHI NCR

239 AA has been amended to provide reservation for women in Legislative Assembly of Delhi NCR..

It provides for reservation of one-third of total elected seats of   Legislative Assembly of Delhi NCR  for women. These reserved seats will also include reserved seats for women belonging to Scheduled Castes, which will be one-third of total reserved seats for Scheduled Castes  in Legislative Assembly of Delhi NCR.

APPLICABILITY OF THE AMENDMENT

The Amendment will come in force after relevant figures have been published for the first census conducted after passing of  this amendment and delimitation of constituencies are done on the basis of that census . Further, this amendment will not affect  representation in existing  House of the People, State Legislative Assemblies and Legislative Assembly of Delhi NCR till its dissolution.

HOW LONG RESERVATION WILL CONTINUE

Parliament by law  will determine how long reservation for women in Parliament, State Legislative Assemblies  and  Legislative Assembly of Delhi NCR will continue.

ROTATION OF SEATS

Rotation of seats reserved for women  in  House of the People, State Legislative Assemblies and Legislative Assemblies of Delhi NCR will be done on the basis of subsequent exercise of delimitation as Parliament by law may determine.

CRITICISMS OF THE AMENDMENT

The Amendment is being  criticized on the ground that that this bill does not provide immediate reservation to women but in a distant future.

The future of amendment will depend on conduct of census and delimitation exercise, both of which are uncertain at the present moment.

The Amendment will take effect after publication of data  of first census conducted after the amendment. It is pertinent to mention that census is conducted every ten years and was to be conducted in 2021. But due to COVID 19, census could not be conducted in 2021 and is as yet pending.

Further, this Amendment will be applicable only after delimitation exercise. Delimitation is itself a lengthy procedure. Constitution has provision for delimitation of constituencies after every census so that boundaries of constituencies could be adjusted according to change in demographics in a way that every parliamentary constituency or Legislative constituency represents equal population to the extent possible. But Parliament has already freezed the seats of House of the People and Legislative Assemblies till publication of data of first census after 2026. Any delimitation exercise can take place only after publication of data of first census after 2026.

Even after delimitation exercise, this amendment will not affect existing House of the People or Legislative Assembly till its dissolution.

Thus, there seems to be a long wait before this amendment materializes.

The Amendment is also being criticized on the ground that there is no representation for other backward classes (OBC) and minorities in the bill.

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