106th Amendment Nari Shakti Vandan Act, 2023 | Indian Polity for UPSC CSE PDF Download

Context

In September 2023, the Constitution (106th Amendment) Act, 2023, was passed by Parliament to grant one-third reservation to women in the Lok Sabha, State Assemblies, and the NCT of Delhi.

Historical Background of Women’s Reservation

Pre-Independence Period

1. National movement (1931): Three women's bodies wrote to the British Prime Minister requesting political reservation for women during the National Movement.
2. Government of India Act, 1935: The Act granted women separate electorates but did not allocate seats in the legislature, thereby promoting political participation for women.
3. Constituent Assembly: The debates addressed women's reservation, but it was rejected due to the belief that a democracy should ensure representation for all groups.

Post-Independence Period

1. Committee of the Status of Women (1971): Recommended the reservation of women in local bodies.
2. The National Perspective Plan for Women (1988): Suggested the reservation of women in local bodies.
3. Constitutional Amendments (1992): The 73rd and 74th amendments to the Constitution mandate state governments to allocate one-third of seats for women in local bodies.

Background of the bill

The Constitution has been amended several times to allocate seats for women in Parliament and state legislative assemblies.

Bill Key Provisions

• 81st Amendment Bill, 1996: Allocation of at least 1/3 of the total number of seats in the House of the People and State Legislative Assemblies for women. Lapsed due to the dissolution of the 11th Lok Sabha.
• 84th Amendment Bill, 1998: Proposed 15-year reservation for women in Lok Sabha, SLAs, and the National Capital Territory of Delhi. Lapsed due to the dissolution of the 12th Lok Sabha.
• 85th Amendment Bill, 1999: To ensure women's reservation in legislative bodies. Lapsed due to lack of consensus among political parties.
• 108th Amendment Bill, 2008: Allocation of 1/3rd of all seats in Lok Sabha and SLAs to women, with the allocation of these seats to be determined by Parliament's prescribed authority. Lapsed due to the dissolution of the 15th Lok Sabha.
• 128th Amendment Bill, 2023: A 33% reservation for women in the Lok Sabha, SLAs, and the Legislative Assembly of the National Capital Territory of Delhi. Passed by both Lok Sabha and Rajya Sabha.

Key changes between 2008 and 2023 Bills

• 2008 bill: One-third of Lok Sabha seats in each state/UT to be reserved for women.
• 2023 bill: One-third of Lok Sabha seats for women across all Lok Sabha seats.
• Rotation of Seats: Reserved seats to be rotated after every delimitation exercise.

Status of Women Representation in India

1. India ranks 48th out of 146 in the Global Gender Gap Report 2022 for Political Empowerment, including women's representation in Parliament and Ministerial positions.
2. Currently, only 14.4% of the Indian Parliament's members are women, the highest number so far.
3. The 2019 Lok Sabha election saw nearly equal representation of women and men in voting, marking a significant milestone in India's political journey towards gender equality.

Key Features of the 2023 Act

1. Reservation for Women in Lower House (Lok Sabha): Introduction of Article 330A to the constitution, allowing for the rotation of reserved seats for women to different states or Union Territories.
2. Reservation for Women in State Legislative Assemblies: Introduction of Article 332A, mandating the reservation of seats for women in every state Legislative Assembly.
3. Reservation for Women in NCT of Delhi: Addition of a new clause Article 239AA(2)(b) that stipulates a 1/3rd reservation for women in the Legislative Assembly of the National Capital Territory of Delhi.
4. Commencement of Reservation: Incorporation of Article 334A of the constitution, which mandates parliament to review reservation provisions after 70 years of laws' existence. The bill introduced a 15-year sunset clause for the review of reservation provisions for women by parliament.
5. Rotation of Seats: Parliament may by law determine the periodic rotation of seats reserved for women after each subsequent delimitation.

Arguments in favor

• Increase in political representation of women: Empirical evidence indicates that women leaders prioritize public goods that address women's concerns and have been linked to enhanced economic outcomes and improved infrastructure development.
• A step towards decriminalization of politics: Reserved seats can potentially decrease the presence of politicians with severe criminal cases.
• More women vote share: The political representation of women is consistently increasing, ensuring that their voting patterns are aligned with their overall voting patterns.
• Breaking patriarchy and Gender-sensitization: Advocates for gender equality in political leadership and decision-making.

Arguments against the act

• Not a Homogeneous Group: Women are not a homogenous community like caste groups, making comparisons with caste-based reservations inappropriate.
• Violation of the Equality Principle: Critics argue that reserving seats for women contradicts the Constitution's equality guarantee.
• No Separate OBC Reservation: The Bill does not offer separate reservations for OBC women.
• Exclusion from Rajya Sabha and Legislative Councils: The Bill does not provide reservation for women in the Rajya Sabha and legislative councils.
• Dependency on Census and Delimitation: The implementation of women's reservation relies on the census and delimitation processes, which can be delayed or politically sensitive.
• Fear of Proxy Representation: Concerns that women may be used as proxies by male family members.
• Restriction on Voters’ Choice: Reserving seats for women restricts voters' choices, suggesting alternatives like women's reservation within political parties.
• Less impact on political empowerment of women: Larger electoral reform issues may hinder the political empowerment of women.

Women’s Representation in Other Countries

1. The Inter-Parliamentary Union Report for 2019 reveals Rwanda as the top nation in the assembly's long-term portrayal, followed by Cuba at 53.2%.
2. Nepal ranked 36th in South Asia with 32.7% portrayals, while India came in 149th with 14.4%, trailing Pakistan and Bangladesh.
3. Countries like France, Korea, and Nepal have implemented party line reservation, passing quotas as high as 50% of the candidate list.
4. Argentina, Mexico, and Costa Rica have party quota laws, ensuring over 36% female representation in their national legislatures.
5. Political parties have implemented voluntary quotas, allowing countries like South Africa, Sweden, and Germany to achieve comparable levels of female representation.
6. South Africa, with 44.8% of its National Assembly composed of women, serves as a prime example of gender equality.

Way forward

• Timely implementation: Ensure timely conduct and publication of census data and delimitation exercise.
• Capacity building: Involve civil society and other institutions in the local training and mentorship of women leaders.
• Raise Awareness and Education: To raise awareness about women's rights and the significance of political participation.
• Combat Gender-Based Violence: Implement policies and legal measures to combat gender-based violence and harassment.
• Electoral Reforms: Implementation of electoral reforms such as proportional representation and preferential voting to increase the representation of women in the political process.
• Intra-Party Democracy: To institutionalize intra-party democracy and promote more women candidates.
• Strengthen Women’s Self-Help Groups: To encourage women's involvement at the grassroots level.
• Support Women’s Agencies: To enhance organizations that promote gender equality and women's empowerment.
• Engage Young Women: To promote girls' involvement in student politics and political debates at colleges and universities.

Conclusion

The reservation is expected to significantly enhance the nation's development, particularly for women, by tackling the underlying socioeconomic and political disparities.

Panel Of Vice-Chairpersons (VCS)

• Recently, the Rajya Sabha has for the first time in its history guaranteed equal representation of women in the panel.
• The Rajya Sabha Chairman has formed an all-women panel of VCs in the Rajya Sabha.
• The Chairman of Rajya Sabha is responsible for nominating a panel of VCs from among its members under the Rules of Rajya Sabha.
• In the absence of the Chairman or Deputy Chairman, any one of them can preside over the House.
• If the Chairman/Deputy Chairman's seat is vacant, and they cannot preside over the house.
• Therefore, they can preside over the house only in the absence of the Chairman/Deputy Chairman.
• The President appoints a House member to perform the Chairman/Deputy Chairman's duties.
• The individual holds the same powers as the Chairman and serves in office until a new panel of VCs is nominated.