Menu

Women’s Reservation Bill (Nari Shakti Vandan Adhiniyam)

Publications, Research paper

Abstract

Women’s Reservation Bill or the Nari Shakti Vandan Adhiniyam, is a landmark legislative initiative in India as it paves the way for the much-needed political participation of women in Indian Politics. It aims at reserving one-third of the seats in the Lok Sabha and State legislative assemblies for women. This paper aims at exploring the historical context, objectives, and political impacts of the bill, along with the challenges and criticisms it faces. It also aims to highlight the significance in promoting gender equality and empowering women in the Indian Politics.

Keywords

Women’s Reservation, Gender Equality, Women Empowerment, Indian Politics, Nari Shakti Vandan Adhiniyam, Seat Reservation, Political Reservation

Introduction

Women’s Reservation Bill, officially known as the Nari Shakti Vandan Adhiniyam, is passed through the Constitution (One Hundred and Sixth Amendment) Act on 19 September 2023 during the special session of Parliament.

It aims at reserving one-third (33%) of all seats to women in the Lok Sabha, State legislative assemblies and Delhi legislative assembly for women. It also covers the seats reserved for the Scheduled Castes (SCs) and the Scheduled Tribes (STs) in the Lok Sabha and the Vidhan Sabhas in the states. 

Research Methodology

This paper is based on secondary sources for a qualitative approach, analyzing legal documents, historical data and scholarly articles to explore the implications, challenges and potential impacts of the Women’s Reservation Bill. The data for this research is collected from government publications, academic articles, books, government reports, document analysis like examination of bills, amendments, parliamentary debates, to have an in-depth understanding in the socio-political context.

Review of Literature

The Women Reservation Bill, also known as the Nari Shakti Vandan Adhiniyam legislation (106th Constitutional Amendment Act), gives rise to the reservation of one-third of the total seats in the Lok Sabha, the state legislative assembles and the Legislative Assembly of the National Capital Territory of Delhi for women. It also gives reserved seats for the Scheduled Castes (SCs) and the Scheduled Tribe (STs) in the Lok Sabha and Vidhan Sabha in the states. 

The bill will start working after the next census and after the boundaries of constituencies are redrawn based on that census. The process is to determine which seats will be reserved for the women, which is to last for 15 years, but can be extended if a new law is passed by Parliament. In addition, the specific seats reserved by women will be changing with each new delimitation, which will also be decided by a law made by Parliament. Effectively, this means that the earliest implementation of the women’s quota in the Lok Sabha can be in 2029 General Election, rather than in next year’s polls.

History

Though, there were seats reserved for the Scheduled Caste and the Scheduled Tribe, there was no provision for the reservation of seats for women in electoral politics at the time of the drafting of the Indian Constitution, leading to majority of the men to lead the nation. Due to this, there were frequent times when the women’s voices were even neglected or it remain unheard. 

With the coming of 73rd and 74th Amendment Act, 1992 in India, there was an enactment for reservation of atleast one-third of seats of ladies in neighborhood self-government, i.e., at the municipal level and panchayats.

Since then, the need for the seat reservation of women in the Parliament and the state legislative assemblies was highly deliberated in the last three decades. Many attempts were made to initiate this process, leading to the seat reservation percentage of women legislators with 15 percent in the Parliament and tentatively around 10 percent in the State Legislative Assemblies.

Over the years, many studies and reports have felt the need of reinforcement for the reservation of seats for women in the National and State-level Legislature structures in India. For illustrations, both the National Policy for the Empowerment of Women (2001) and the Report on the Status of Women in India (2015), have highlighted the need for women’s reservation in Parliament and State Assemblies. 

Efforts were made to create this legislation in 1996, 1999, and 2008. Finally, in 2010, a bill to reserve seats for women in the Lok Sabha (lower house of Parliament) and state legislatures was passed by the Rajya Sabha (upper house), but it didn’t get approved by the Lok Sabha. Hence, the final decades seen a delayed prepare of building agreement and political mindfulness to get it the law based basic for a more prominent support of ladies in the country’s assembly structure. As the Bill was finally passed in both houses of Parliament, it is befitting to reflect on the significance of the law for India’s democratic political discourse. 

Women’s Reservation Bill, 2023

The Special Session of Parliament, 2023 saw the historic passage of the ‘Nari Shakti Vandan Adhiniyam’, which reserves one-third of seats for women in the Lok Sabha, State Legislative Assemblies and the National Capital Territory of Delhi.

Women’s Reservation Bill ensured 33 percent of the population to be adequately represented in the Parliament through the coming of women in the political spectrum which make sure that they are receptive to the issues of women.

Both the houses of parliament passed the reservation bill having arrangement of 33 percent reservation for women in Lok Sabha and state legislative assemblies, which was passed by the Lok Sabha on 20th September with a larger part of 454-2. The Rajya Sabha cleared the landmark bill on 21st September with all the 215 members voting in favor of the proposed legislation. 

Emphasizing the part of politics in the effective transfiguration of society, the Prime Minister concentrated on the benefaction of Indian women in sectors ranging from space to sports and felt the need for the addition of further women in policy- making so that their benefactions to the nation increase further.  Taking forward the resolution of women-led development, the government presented the Constitutional Amendment Act which emphasized on expanding the women’s participation in Lok Sabha and Vidhan Sabha. The Prime Minister requested both the Houses to pass the bill with full consensus as he believes this will strengthen the democracy with the women’s participation. He stated September 19 was a date that would be engraved in history, annexing that God had elected him for this “noble work”.

Union Home Minister Amit Shah emphasized that women are more empowered than men and that the Women’s Reservation Bill will ensure their participation in decision-making processes. He noted that the government, under the leadership of Prime Minister Narendra Modi, introduced this bill to rectify social system errors, enhance women’s participation, and honor them. Shah asserted that the House has a unique opportunity to unite and convey to the world its unanimous support for Modi’s vision of “Women-led Development.”

Shah highlighted that previous governments have made four attempts to pass the Women’s Reservation Bill. The first effort was made by the government of H.D. Deve Gowda in 1996, which assigned the bill to a committee chaired by Seema Mukherjee. Despite the committee’s report, the bill never reached the House. In 1998, the government driven by Atal Bihari Vajpayee reintroduced the charge, but resistance anticipated its presentation. Vajpayee’s government made another attempt, but discussions were halted once more. The bill was reintroduced during Dr. Manmohan Singh’s tenure and passed again in the Rajya Sabha, but it did not proceed to the Lok Sabha.

Shah urged all members to unite in amending the Constitution to ensure women’s reservation. He highlighted that the Modi government has proposed a 33 percent reservation for women in Parliament across General (including OBC), Scheduled Caste, and Scheduled Tribe categories. This reservation is established through Articles 330(A) and 332(A) in the constitutional amendment, providing vertical reservation in all three categories.

Shah explained that the Delimitation Commission, a significant legal body responsible for the election process, will select the one-third reserved seats. The commission, led by a retired Supreme Court judge and including an Election Commission representative, conducts quasi-judicial proceedings. It holds open hearings in every state to ensure transparency in its policy decisions.

Shah assured that the formation of the Delimitation Commission would not be delayed. Following the elections, both the census and delimitation will be conducted promptly. He expressed optimism that soon, one-third of the MPs in the House would be women, shaping the country’s future.

There were some constitutional changes made through this Women’s Reservation Bill:

  • Article 330A
    • The bill calls for the insertion of Article 330A, which takes its inspiration from Article 330’s provisions on the Lok Sabha’s seat reservations for SCs and STs.
    • This provides that reserved seats for women may be allotted by rotation to different constituencies in states or Union Territories. 
    • In the seats reserved for SCs/STs, the Bill is to provide one-third of the seats to be reserved for women on rotational basis.
  • Article 332A
    • This requires the reservation of seats for women in every Legislative Assembly.
    • Furthermore, one-third of the seats saved for SCs and STs must be designated for women, and one-third of the add up to seats filled through coordinate decisions to the Legislative Assemblies
  • Changes in Article 239AA
    • Article 239AA to grants special status to the Union Territory of Delhi as national capital with regards to its administrative and legislative functioning.
    • The bill added that the legislation created by the parliament shall apply to Delhi, the National Capital Territory, to Article 239AA(2)(b).
  • Article 334A
    • The reservation will be influenced after the census directed, after the beginning of the Bill has been distributed.. Grounded on similar census, delimitation will be shouldered to reserve seats for women.
    • This reservation will be handed for a period of 15 times. still, it shall continue till similar date as determined by a law made by Parliament.

Advantages of the Women’s Reservation Bill

The reception of the Women’s Reservation Bill has been largely positive due to the significant advantages it offers to women in India. This legislation promises several key benefits:

  1. Affirmative Action: One of the primary goals of the Act is to empower women by integrating them into the political arena. By ensuring that women are adequately represented in national politics, the Act addresses the long-standing issue of gender disparity in political participation. Concurring to the Global Gender Gap Index 2023, India positions 127th out of 146 nations, highlighting the pressing require for change in this zone. Under the Political Empowerment category of the list, women right now constitute as it were 15.1% of parliamentarians in India. This stark underrepresentation underscores the necessity of affirmative action to elevate women’s roles in political decision-making.
  1. Successful Template in the Panchayats: The Act draws inspiration from the reservation system already in place at the Panchayat (village council) level, which has yielded positive outcomes. The success of women’s reservations in Panchayats demonstrates that increased female participation in governance can lead to more inclusive and effective decision-making processes. By replicating this model at the national level, the Act aims to build on the achievements seen in local governance, promoting gender equity on a broader scale.
  1. Gender Sensitivity: There is a widely held belief that women, by virtue of their experiences and perspectives, are more attuned and sensitive to issues affecting other women. Their increased presence in legislative bodies is expected to bring a greater focus on and more effective resolution of women’s issues. This includes addressing matters such as gender-based violence, health care, education, and employment opportunities. By incorporating women’s perspectives into the lawmaking process, the Act seeks to foster a legislative environment that is more responsive to the needs and concerns of women.

The points of interest of the Women’s Reservation Bill amplify past insignificant numerical representation. It is a significant step towards achieving gender equality in the political sphere, ensuring that women’s voices are not just heard but also heeded in the corridors of power. The Act is seen as a crucial mechanism to correct historical imbalances and to pave the way for a more inclusive and equitable society. By embedding gender sensitivity into the legislative process, the bill holds the promise of not only empowering women but also enhancing the overall quality of governance in India.

Disadvantages

Despite the numerous advantages offered by the Women’s Reservation Bill, it remains a highly contested issue, facing significant opposition from various quarters. Critics argue that the bill, while well-intentioned, may have several unintended consequences and does not address some fundamental concerns about the political system.

  1. Diversion from Larger Electoral Reforms: Opponents of the bill argue that focusing on women’s reservation might divert attention from more pressing electoral reforms. Issues such as the criminalization of politics, where individuals with criminal backgrounds are elected to office, and the need for inner-party democracy, which involves making political parties more transparent and democratic in their functioning, are seen as more critical areas requiring reform. Critics suggest that by prioritizing women’s reservation, these broader and perhaps more impactful reforms might be neglected.
  1. Issue of Free and Fair Election: Another point of contention is that reserving seats for women could potentially disadvantage male candidates, who would then have to compete for only two-thirds of the available seats. This situation is viewed as potentially skewing the principles of free and fair elections, as it alters the competitive landscape in favor of one gender over another, possibly leading to resentment and claims of unfairness among male politicians.
  1. Perpetuation of Unequal Status of Women: There is a concern that the reservation system might perpetuate the perception of women as unequal or incapable of winning elections based on their merit. Critics argue that reserving seats could reinforce stereotypes that women need special provisions to succeed in politics, rather than competing on an equal footing with men. This could inadvertently undermine the progress towards genuine gender equality by suggesting that women are not capable of achieving political success without mandated support.
  1. Restriction of Voter Choice: The reservation of seats exclusively for women is also seen as a restriction on voter choice. Voters may feel that their freedom to choose their preferred candidate is being limited to women candidates, regardless of their political inclinations or the qualifications of the candidates. This restriction could lead to dissatisfaction among the electorate, who may feel that their democratic rights are being compromised.
  1. Disincentive for Sitting MPs: The rotation of reserved seats in each election cycle presents another challenge. This system might reduce the incentive for current Members of Parliament (MPs) to work diligently for their constituencies if they know they may not be able to run for re-election in the same district. This could lead to a lack of long-term commitment and accountability from MPs, as their focus might shift from serving their current constituency to finding a new one where they can stand for election.
  1. Ambiguities in Enforcement: There are also significant concerns about the practical enforcement of the bill. Implementation issues arise, especially with the timeline, as the reservation cannot be put into effect before the 2024 Lok Sabha elections. It can only be enacted once India completes its delimitation exercise, which involves redrawing the boundaries of electoral constituencies. This delay and the procedural complexities involved could hinder the smooth implementation of the reservation.
  1. Non-Uniform Application: Lastly, the bill does not provide for the reservation of seats in the Rajya Sabha (the upper house of Parliament) and the Legislative Councils of states. This non-uniform application means that while women’s representation might increase in the Lok Sabha and state assemblies, it would not necessarily lead to proportional representation in other important legislative bodies. This discrepancy could limit the overall impact of the bill on improving gender equality in the legislative process.

Criticisms

Critics of the Women’s Reservation Bill argue that the reservation of seats primarily benefits educated and urban women, thereby overlooking the needs and representation of underprivileged rural women from marginalized castes. They express concern that without specific provisions for these disadvantaged groups, the bill could inadvertently perpetuate existing inequalities, failing to uplift those women who are most in need of political empowerment and representation.

On the other hand, supporters of the bill contend that opposition from some political leaders is driven by a fear of losing their power to women. These advocates believe that the resistance is rooted in patriarchal attitudes, with leaders apprehensive about women potentially occupying a significant number of seats in legislative bodies. They argue that this fear stems from a reluctance to cede power and influence to women, and that the bill is a crucial step towards dismantling such entrenched gender biases in politics. Proponents maintain that the bill aims to create a more inclusive and balanced political landscape, ultimately benefiting society as a whole by ensuring that women’s voices are heard and their perspectives are represented in decision-making processes.

The Congress, Samajwadi Party, and Rashtriya Janata Dal have criticized the Women’s Reservation Bill, highlighting its lack of provisions for reserved seats specifically for women from Other Backward Classes (OBC) and minority communities. These parties argue that the bill fails to ensure equal representation for women from these marginalized groups. They contend that without a dedicated quota for OBC and minority women, it will be challenging for these marginalized women to have their voices heard in Parliament. This absence of specific reservations for OBC and minority women, they argue, undermines the bill’s objective of promoting inclusivity and equal representation. These parties emphasize that addressing the unique challenges and perspectives of women from these communities is essential for a truly representative and equitable legislative framework.

Women Representation in Parliament: India and the world

There are 82 women MPs in Lok Sabha (15.2 percent) and 31 women in Rajya Sabha (13 percent). While the number has increased significantly since the 1st Lok Sabha (5 percent), it is still far lower than in many countries.

According to date, Rwanda (61 percent), Cuba (53 percent), Nicaragua (52 percent) are the top three countries in women representation. Bangladesh (21 percent) and Pakistan (20 percent) as well are ahead of India in case of female representation in the parliament. 

Suggestions

The topic of women’s representation in Parliament and state assemblies is a contentious and polarizing issue. However, it is crucial for women to receive their rightful share of political representation. This initiative is a positive step towards the empowerment of women. To ensure its success, mechanisms for the prompt implementation of the Women’s Reservation Bill should be developed.

  1. Public Awareness Campaigns: Launch nationwide campaigns to educate the public about the importance of women’s political representation and the specifics of the Women’s Reservation Bill. This can help build public support and reduce resistance based on misunderstandings or misinformation.
  1. Capacity Building Programs: Establish training and mentorship programs for women interested in politics. These programs should focus on building leadership skills, understanding legislative processes, and navigating the political landscape effectively.
  1. Legal and Structural Changes: Guarantee that the legal framework underpins the quick usage of the charge. This may incorporate setting clear timelines for the delimitation work out and any other vital procedural changes.
  1. Monitoring and Evaluation: Create an independent body to monitor the implementation of the bill and assess its impact. This body should regularly report on the progress, challenges, and successes to ensure transparency and accountability.
  1. Inclusion of Marginalized Groups: Amend the bill to include specific provisions for the representation of women from Other Backward Classes (OBC) and minority communities. This will ensure that the benefits of the reservation are equitably distributed across different sections of society.
  1. Strengthening Local Governance: Leverage the success of women’s reservations in Panchayats by providing additional support and resources to local female leaders. This can create a strong foundation for women to transition into higher levels of political office.
  1. Engagement with Political Parties: Work closely with political parties to encourage the nomination and support of female candidates. Parties should be incentivized to promote gender diversity within their ranks and ensure fair opportunities for women.

By taking these steps, the Women’s Reservation Bill can be effectively implemented, leading to a more inclusive and representative political system that empowers women and benefits society as a whole.

Conclusion

The Women’s Reservation Bill marks a pivotal move towards achieving gender equality in India’s political sphere. While it has faced significant debate and opposition, its potential to empower women and enhance their participation in decision-making processes is undeniable. Ensuring women’s rightful representation in Parliament and state assemblies will address long-standing gender disparities and promote a more inclusive governance structure. The bill’s implementation, however, must be accompanied by robust mechanisms, including public awareness campaigns and capacity-building programs, to facilitate women’s seamless entry into political roles.

Moreover, addressing criticisms, such as the need for broader electoral reforms and fair representation of marginalized groups, is crucial for the bill’s success. By engaging with political parties and ensuring transparency in the reservation process, the bill can overcome its challenges and fulfill its promise of empowering women. The collective efforts of lawmakers, political parties, and civil society will be essential in realizing the bill’s potential, ultimately leading to a more equitable and representative political system in India. This inclusive approach will not only uplift women but also enrich the nation’s governance with diverse perspectives and innovative solutions.

Lalruatfeli Varte

Dr. B. R. Ambedkar National Law University