Women’s Reservation Bill 108th Constitutional Amendment

Source: PRS
GS II: Governance;

Overview

1. News in Brief
2. About the Bill
3. Challenges

Why in the News?

The Union government introduced a Bill to provide one-third reservation to women in the Lok Sabha and State Assemblies as the historic first legislation in the New Parliament House.

• The fine print ensures that the quota will not be implemented in next year’s general election.

News in Brief

• Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, which seeks to provide 33 per cent reservation to women in Lok Sabha and state Legislative Assemblies.
• Amid the debate in the Lok Sabha over the women’s reservation Bill, the Opposition parties stuck to their demand of a quota within a quota.
• The bill, once approved, will see the number of women MPs in Lok Sabha go up to 181 from the current 82.
• Women’s Reservation Bill, which was passed in the Rajya Sabha during the Congress regime under Manmohan Singh, was still pending.

History of the Bill

• First introduced in the Lok Sabha in 1996 by the Deve Gowda-led United Front government.
  • Failed to get the approval of the House and was referred to a joint parliamentary committee.
• Atal Bihari Vajpayee-led NDA government reintroduced the Bill in Lok Sabha in 1998.
  • This bill also failed to get support and lapsed again.
• Reintroduced in 1999, 2002 and 2003 ut failed. 
• Manmohan Singh-led UPA government tabled the Bill in the Rajya Sabha in 2008
  • It was passed in 2010.
  • However, the Bill was never taken up for consideration in the Lok Sabha and lapsed with the dissolution of the 15th Lok Sabha in 2014.

About the Bill

• The Constitution (One Hundred and Eighth Amendment) Bill, 2008 seeks to reserve one-third of all seats for women in the Lok Sabha and the state legislative assemblies.
• The allocation of reserved seats shall be determined by such authority as Parliament prescribes.
• Allocation
  • Reserved seats may be allotted by rotation to different state or union territory constituencies.
  • Reservation of seats for women shall cease to exist 15 years after the commencement of this Amendment Act.
• Amendment
  • It introduces new articles 330A and 332A in the Constitution to effect these changes.
  • 330A: Reservation for women in Lok Sabha – 1/3rd of seats reserved for SCs and STs shall be reserved for women, 1/3rd of total seats to be filled by direct elections to the Lok Sabha shall be reserved for women.
  • 332A: Reserved seats for women in every state Legislative Assembly, 1/3rd of seats reserved for SCs and STs shall be reserved for women, 1/3rd of total seats to be filled by direct elections to the LA shall be reserved for women
• New clause in 239AA
  • Seats shall be reserved for women in the Delhi Legislative Assembly, 1/3rd of the seats reserved for SCs shall be reserved for women, 1/3rd of total number of seats to be filled by direct elections shall be reserved for women through law determined by parliament

Challenges

• Resistance to Change
  • Traditional patriarchal attitudes still prevail in many parts of India.
  • There is resistance to giving women a more significant role in politics, which can manifest as social and cultural barriers.
• Political Opposition
  • Some political parties and leaders oppose the idea of women’s reservation on political grounds, fearing that it could disrupt their established power structures and calculations.
• Implementation Issues
  • Implementing reservation policies effectively at the grassroots level can be challenging.
  • There is a need for a robust system to identify constituencies, rotate reserved seats, and ensure compliance.
• Tokenism
  • There’s a concern that merely reserving seats for women without addressing broader gender issues might lead to token representation.
  • Ensuring that reserved seats translate into meaningful participation and influence is essential.
• Backlash
  • In some cases, the introduction of reservation policies has triggered a backlash from male political leaders who may feel threatened by the changing dynamics.
• Intersectionality
  • Reservations often don’t consider other dimensions of diversity, such as caste or religion.
  • Women from marginalized backgrounds might still face significant challenges despite reservation.
• Limited Impact
  • While increasing the number of women in politics is crucial, it’s not a panacea for gender-related issues.
  • The impact of reservation policies on addressing broader gender disparities needs to be assessed.
• Lack of Political Will
  • Implementation can be hampered by a lack of political will.
  • Some politicians might use legal or administrative hurdles to avoid complying with reservation policies.
• Capacity Building
  • To make the most of their political roles, reserved women candidates need adequate training and support, especially in areas where they might have limited prior political exposure.
• Changing Mindsets
  • Ultimately, changing societal mindsets about women in politics is a long-term challenge.
  • Reservation policies can be a catalyst, but broader cultural shifts are necessary for lasting change.

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