NARI SHAKTI VANDAN [CONSTITUTION (106TH AMENDMENT)] ACT, 2023

In a historic stride towards gender equality, the Indian Parliament passed the Women's Reservation Bill 2023 (also known as the 128th Constitutional Amendment Bill) or Nari Shakti Vandan Adhiniyam. This Bill seeks to reserve one-third of the seats in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly for women. The landmark bill also ensures that one-third of the seats in the reserved categories (for Scheduled Castes and Scheduled Tribes) will be allocated to women, helping to address the chronic underrepresentation of women in Indian politics.

The bill has sparked both support and controversy, as it seeks to correct the gender imbalance that has long existed in India’s political system. With only 15.2% women in the Lok Sabha and 13% in the Rajya Sabha, India's representation falls far behind global standards. The Nari Shakti Vandan Adhiniyam, therefore, is a much-needed intervention to ensure more women are involved in decision-making processes at the highest levels of governance.

Background

The debate surrounding women’s political reservation has been ongoing since the 1990s. In 1996, the First Women Reservation Bill was introduced during the tenure of former Prime Minister Shri Atal Bihari Vajpayee. However, due to the lack of a majority government at the time, the bill could not be passed.

Subsequent attempts to bring the bill into law faced multiple setbacks:

• 1998 – 2003: The bill was tabled four times but failed to gain the necessary support.
• 2009: The bill was again introduced in Parliament but was met with protests from various political factions.
• 2010: The Union Cabinet passed the bill, and it was approved by the Rajya Sabha.
• 2014: The bill was expected to be introduced in the Lok Sabha but again faced delays.

The passage of the Women’s Reservation Bill in 2023 marks the culmination of years of effort, embodying the desire to address the gender gap in political representation.

Legal Provisions

The Nari Shakti Vandan Adhiniyam amends the Indian Constitution to introduce reservations for women in the following key areas:

Reservation for Women in the Lower House (Lok Sabha):

• The bill inserts Article 330A into the Constitution, which provides for the reservation of seats for women in the Lok Sabha. The allocation of reserved seats will be done through rotation across constituencies in different states and Union Territories.
• The seats reserved for Scheduled Castes and Scheduled Tribes (SCs/STs) will also reserve one-third of the seats for women, on a rotational basis.

Reservation for Women in State Legislative Assemblies:

• The bill introduces Article 332A, mandating the reservation of one-third of seats in each State Legislative Assembly for women. Additionally, one-third of the seats reserved for SCs and STs must be allocated for women, thereby increasing women’s participation at the state level.

Reservation for Women in the National Capital Territory of Delhi:

• The bill amends Article 239AA, which governs the legislative powers of Delhi. The amendment ensures that women’s reservation applies to the National Capital Territory, just as it does in other states.

Commencement of Reservation:

• A new Article 334A specifies that the reservation will come into effect after the first Census following the enactment of the bill. Once the census data is published, delimitation will take place to ensure the reservation of seats for women.
• The reservation will be for 15 years, though it can be extended by Parliament as per its legislative provisions.

Rotation of Seats:

• The bill also stipulates that reserved seats for women will be rotated after each delimitation. This provision ensures that different constituencies benefit from women’s representation over time.

Sunset Clause:

• In line with Article 334 of the Constitution, which mandates periodic review of reservations after 70 years, the bill includes a sunset clause of 15 years. However, Parliament has the authority to extend this period.

Supreme Court Rulings

The issue of women’s reservation has not been without its legal challenges, with the Supreme Court of India providing crucial rulings over the years.

• In 1992, the Supreme Court's landmark ruling in the M. Nagaraj case led to the reservation for women in local governance, specifically at the panchayat level. The Court’s decision emphasized the necessity of affirmative action for women, especially in areas where they have historically been marginalized.
  
  
• The Indra Sawhney Case (1992) also contributed significantly to the discourse on reservations, though it focused on caste-based reservations. The judgments in this case have been a guiding reference for understanding the scope and limitations of reservations in India’s constitutional framework.
  

These rulings, along with others, have shaped the ongoing discourse around the reservation of seats for women, contributing to both the challenges and eventual passage of the Women’s Reservation Bill.

Government Schemes or Initiatives

Several government schemes have supported women’s participation in governance, which has paved the way for the Nari Shakti Vandan Adhiniyam. Some notable initiatives include:

1. Beti Bachao Beti Padhao: A scheme aimed at encouraging gender equality by promoting education and welfare for girls.
2. Mahila E-Haat: An online platform for women entrepreneurs to showcase and sell their products, promoting economic empowerment.
3. Pradhan Mantri MUDRA Yojana (PMMY): This initiative encourages women entrepreneurs to access financial resources to set up their own businesses.

These initiatives have laid the groundwork for greater female participation in politics by improving women’s access to resources, education, and economic opportunities.

International Perspectives

Globally, many countries have made significant strides in promoting women’s political participation. Nations like Rwanda (61%), Cuba (53%), and Nicaragua (52%) top the global list for female legislative representation. In contrast, India, with only 15% women in the Lok Sabha, lags behind several neighboring countries like Nepal (33%), Pakistan (20%), and Bangladesh (21%).

International conventions such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), adopted by the UN, have further encouraged nations to push for gender parity in all spheres of life, including politics.

India’s slow pace in ensuring equal political representation for women is an anomaly in the context of these international advancements, highlighting the necessity of the Women’s Reservation Bill 2023.

Issues and Challenges

Despite its promises, the Nari Shakti Vandan Adhiniyam faces several challenges:

1. Patriarchal Political Culture: Many political parties in India remain deeply patriarchal, often sidelining female leaders. This bill may only be a first step in addressing the gender imbalance in leadership roles.
   
   
2. Representation in Rajya Sabha and State Legislative Councils: The Bill does not extend reservation to the Rajya Sabha or State Legislative Councils, areas where women’s representation remains disproportionately low. Calls for extending the reservation to these bodies have been ignored, despite previous recommendations by the Geeta Mukherjee Committee (1996).
   
   
3. Rotational System: The provision for rotating reserved seats across constituencies may create confusion and disrupt local political dynamics. Constituents may find it difficult to engage with a new representative in each election cycle.
   
   
4. Non-Homogeneity of Women’s Interests: Women in India are not a monolithic group, and their needs and concerns vary based on factors such as caste, class, and religion. The blanket reservation for women might not adequately address these diverse concerns.
   

 Conclusion

The Nari Shakti Vandan Adhiniyam represents a significant step toward gender parity in India’s political system. By reserving one-third of the seats in the Lok Sabha, State Assemblies, and the Delhi Assembly, the bill aims to create a more inclusive and representative political system. However, the successful implementation of the law will require comprehensive reforms, including addressing internal party democracy, ensuring women’s leadership training, and fostering a political culture that supports women’s empowerment.

While the bill is a historic victory for women’s rights, its true impact will depend on the broader societal and institutional reforms that follow. The future of India’s democracy hinges on creating an environment where women can lead, shape policies, and drive the country toward inclusive progress.