Women's Reservation Bill, 2010

Last updated

Women's Reservation Bill, 2010
Emblem of India.svg
Parliament of India
Enacted by Parliament of India

The Women's Reservation Bill or The Constitution (108th Amendment) Bill, 9 March 2010, is a bill passed in the Parliament of India which says to amend the Constitution of India to reserve 1/3 of all seats in the lower house of Parliament of India, the Lok Sabha, and in all state legislative assemblies for women. [1] The seats were proposed to be reserved in rotation and would have been determined by draw of lots in such a way that a seat would be reserved only once in three consecutive general elections. [2]

Contents

The Rajya Sabha passed the bill on 9 March 2010. [3] The Lok Sabha did not vote on the bill. [4] [5] The bill lapsed after having pending status in Lok Sabha and the Lok Sabha; it expired twice, in 2014 and 2019. [6] [7]

An equivalent bill was passed by Lok Sabha on 20 September 2023 with 454 votes in favour and two against. [8] It was then passed by the Rajya Sabha unanimously. As of 21 September 2023 the bill was pending presidential assent. [9] President Droupadi Murmu signed the bill on 28 September 2023, and the gazette notification was also published the same day, which made it clear that the reservation will come into force soon after the first delimitation (frozen until 2026).

Standing Committee recommendation

Originally, the Bill proposed reserving women in all legislative bodies, [10] but the Standing Committee suggested restricting the reservation in the 'House of People' Lok Sabha in the Centre and Assembly in States and Union Territories with the legislature. This recommendation was accepted by the Government and incorporated into the Bill.

History of Women's reservation bills

In 1987, Prime Minister Rajiv Gandhi’s government constituted a 14-member committee led by Union Minister Margaret Alva to give recommendations for improving the status of women. [11] [7] Rajiv Gandhi introduced the Constitution Amendment Bill to provide one-third reservation for women in rural and urban local bodies. The Bill was passed in Lok Sabha but failed to get passed in Rajya Sabha in September 1989. In 1992, Prime Minister PV Narasimha Rao's government passed the 73rd and 74th Constitutional Amendment Acts which mandated 33.3 percent reservation for women in Panchayati Raj Institutions. [12] The women's reservation bill was first introduced by HD Deve Gowda-led government, as Constitution (81st Amendment) Bill, 1996 in the 11th Lok Sabha on 12 September 1996. It was then referred to the Joint Committee of the two Houses of parliament, but the bill lapsed with the dissolution of the 11th Lok Sabha. [13] The joint parliamentary committee report examining the women's reservation Bill in 1996 recommended that reservation be provided for women of Other Backward Classes (OBCs) once the Constitution was amended to allow for reservation for OBCs. [14]

In 1993, a constitutional amendment was passed in India that called for a random one third of village council leader, or sarpanch, positions in gram panchayat, to be reserved for women. [15]

A long-term plan was made to extend this reservation to the federal parliament and to state legislative assemblies. [16] [17] [18]

On 19 September 2023, the Narendra Modi government introduced a form of the bill as the 128th Constitutional Amendment Bill, 2023, [19] during Parliament Special Session in Lok Sabha in new parliament building. [20] [21] The bill was passed by Lok Sabha on 20 September 2023 with 454 votes in favour and two against. [8] As of 20 September 2023, the bill was expected to be voted on by Rajya Sabha; [22] [23] the result was unanimous approval.[ citation needed ]

See also

Law in India
Women in India

Related Research Articles

Politics of India works within the framework of the country's Constitution. India is a parliamentary secular democratic republic in which the president of India is the head of state & first citizen of India and the Prime Minister of India is the head of government. It is based on the federal structure of government, although the word is not used in the Constitution itself. India follows the dual polity system, i.e. federal in nature, that consists of the central authority at the centre and states at the periphery. The Constitution defines the organizational powers and limitations of both central and state governments; it is well recognised, fluid and considered supreme, i.e. the laws of the nation must conform to it. India is officially declared a secular and socialist state as per the Constitution.

<span class="mw-page-title-main">Rajya Sabha</span> Upper house of the Parliament of India

The Rajya Sabha, also known as the Council of States, is the upper house of the bicameral Parliament of India. As of 2023, it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using single transferable votes through open ballots, while the president can appoint 12 members for their contributions to art, literature, science, and social service. The total allowed capacity is 250 according to article 80 of the Indian Constitution. The current potential seating capacity of the Rajya Sabha is 245, after the Jammu and Kashmir (Reorganisation) Act. The maximum seats of 250 members can be filled up at the discretion and requirements of the house of Rajya Sabha.

<span class="mw-page-title-main">Lok Sabha</span> Lower house of the Parliament of India

The Lok Sabha, also known as the House of the People, is the lower house of India's bicameral Parliament, with the upper house being the Rajya Sabha. Members of the Lok Sabha are elected by an adult universal suffrage and a first-past-the-post system to represent their respective constituencies, and they hold their seats for five years or until the body is dissolved by the President on the advice of the council of ministers. The house meets in the Lok Sabha Chambers of the Parliament House, New Delhi.

<span class="mw-page-title-main">Rahul Gandhi</span> Indian politician (born 1970)

Rahul Rajiv Gandhi is an Indian politician. A member of the Indian National Congress (INC), he is currently serving as the 12th Leader of the Opposition in Lok Sabha and as the member of the Lok Sabha for Rae Bareli, Uttar Pradesh, since June 2024. He previously represented the constituency of Wayanad, Kerala, from 2019 to 2024, and Amethi, Uttar Pradesh, from 2004 to 2019. Gandhi served as the party president of the Indian National Congress from December 2017 to July 2019 and is the chairperson of the Indian Youth Congress, the National Students Union of India, and a trustee of the Rajiv Gandhi Foundation and Rajiv Gandhi Charitable Trust. He is a member of the Nehru–Gandhi political family.

<span class="mw-page-title-main">Parliament of India</span> Bicameral legislature of India

The Parliament of India or Indian Parliament, is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the Rajya Sabha and the Lok Sabha. The President of India, in their role as head of the legislature, has full powers to summon and prorogue either house of Parliament or to dissolve the Lok Sabha, but they can exercise these powers only upon the advice of the Prime Minister and their Union Council of Ministers.

<span class="mw-page-title-main">Arjun Singh (Madhya Pradesh politician)</span> 12th Chief Minister of Madhya Pradesh, India

Arjun Singh was an Indian politician from the Indian National Congress, who served twice as the Chief Minister of Madhya Pradesh in the 1980s. He also served twice as the Union Minister of Human Resource Development, in the Manmohan Singh and P. V. Narasimha Rao ministries.

A member of the Legislative Assembly (MLA) is a representative elected by the voters of an electoral district (constituency) to the legislature of State government in the Indian system of government. From each constituency, the people elect one representative who then becomes a member of the Legislative Assembly (MLA). Each state has between seven and nine MLAs for every Member of Parliament (MP) that it has in the Lok Sabha, the lower house of India's bicameral parliament. There are also members in three unicameral legislatures in Union Territories: the Delhi Legislative Assembly, Jammu and Kashmir Legislative Assembly and the Puducherry Legislative Assembly. Only a Member of the Legislative Assembly can work as a minister for more than 6 months. If a non-Member of the Legislative Assembly becomes a Chief Minister or a minister, he must become an MLA within 6 months to continue in the job. Only a Member of the Legislative Assembly can become the Speaker of the Legislature.

This is a brief description of the lawmaking procedure in India.

Reservation is a system of affirmative action in India created during the British rule. Based on provisions in the Indian Constitution, it allows the Union Government and the States and Territories of India to set a percentage of reserved quotas or seats, in higher education admissions, employment, political bodies, etc., for "socially and economically backward citizens".

Ashoka Kumar Thakur v. Union of India is an Indian public interest litigation case challenging the Ninety-third Constitutional Amendment and the Central Educational Institutions(CEIs) Act, 2006. Reservations for underprivileged persons in public institutions is one of the policies devised by the Indian Legislature to espouse the cause of the disadvantaged.

In India, a number of political positions and university posts are held for specific groups of the population, including Scheduled Castes(SC) and Scheduled Tribes(ST), and women in some cases.

<span class="mw-page-title-main">Women's political participation in India</span>

The term 'political participation' has a very wide meaning. It is not only related to 'Right to Vote', but simultaneously relates to participation in: decision-making process, political activism, political consciousness, etc. Women in India participate in voting, run for public offices and political parties at lower levels more than men. Political activism and voting are the strongest areas of women's political participation. To combat gender inequality in politics, the Indian Government has instituted reservations for seats in local governments.

Between 1952 and 2020, two seats were reserved in the Lok Sabha, the lower house of the Parliament of India, for members of the Anglo-Indian community. These two members were nominated by the President of India on the advice of the Government of India. In January 2020, the Anglo-Indian reserved seats in the Lok Sabha and state legislative assemblies of India were discontinued by the 126th Constitutional Amendment Bill of 2019, when enacted as the 104th Constitutional Amendment Act, 2019.

The One Hundred and Third Amendment of the Constitution of India, officially known as the Constitution Act, 2019, introduces 10% reservation for Economically Weaker Sections (EWS) of society for admission to Central Government-run educational institutions and private educational institutions, and for employment in Central Government jobs. The Amendment does not make such reservations mandatory in State Government-run educational institutions or State Government jobs. However, some states have chosen to implement the 10% reservation for economically weaker sections.

<span class="mw-page-title-main">One Hundred and Second Amendment of the Constitution of India</span>

The One Hundred and Second Amendment of the Constitution of India, officially known as the Constitution Act, 2018, granted constitutional status to the National Commission for Backward Classes (NCBC).

<span class="mw-page-title-main">One Hundred and Fourth Amendment of the Constitution of India</span> Constitutional amendment of 2019

The One Hundred and Fourth Amendment of the Constitution of India, extends the deadline for the cessation of the reservation of seats for members from Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies by a period of 10 years.

<span class="mw-page-title-main">One Hundred and Fifth Amendment of the Constitution of India</span> Amendment of 2021

The One Hundred and Fifth Amendment to the Constitution of India- officially known as The Constitution Act, 2021- restored the power of State governments to recognise socially and educationally backward classes (SEBCs). SEBCs, which includes the groups commonly known as Other Backward Classes (OBCs), are communities for which the State can provide "special provisions" or affirmative action in India.

<span class="mw-page-title-main">One Hundred and Sixth Amendment of the Constitution of India</span> 2023 constitutional amendment of India

The Constitution Act, popularly known as the Women's Reservation Bill, 2023, was introduced in Lok Sabha on 19 September 2023 during the special session of Parliament. This legislation seeks to allocate 33 percent of the seats in the directly elected Lok Sabha, State legislative assemblies and Delhi legislative assembly for women.

<span class="mw-page-title-main">Next Indian general election</span>

The next Indian general elections are expected to be held by May 2029 to elect the members of the 19th Lok Sabha, India’s lower house of Parliament. All 543 seats will be contested.

References

  1. ↑ "Women's Reservation Bill, version 2010: Two proposed constitutional amendments mirrored SC-ST quota in Parliament, Assemblies". 19 September 2023.
  2. ↑ "Women's reservation Bill – imperfect but important". 21 September 2023.
  3. ↑ "Rajya Sabha passes Women's Reservation Bill". The Times of India . 9 March 2010. Archived from the original on 11 August 2011.
  4. ↑ "Lok Sabha Speaker Meira Kumar calls for women's empowerment". The Times of India . 9 March 2013. Archived from the original on 5 May 2013. Retrieved 3 December 2013.
  5. ↑ "Uproar in India Over Female Lawmaker Quota". The New York Times. 9 March 2010.
  6. ↑ "Nari Shakti Vandan Adhiniyam: Key points of women's reservation bill". The Times of India. 19 September 2023.
  7. 1 2 "What's the women's reservation bill, its history, and who brought it first". 19 September 2023.
  8. 1 2 "India's lower house votes to reserve a third of seats for women". Al Jazeera English . 20 September 2023. Wikidata   Q122735230. Archived from the original on 20 September 2023.
  9. ↑ "Nari Shakti Vandan Adhiniyam | Women's Reservation Bill Passed in Rajya Sabha | PM Modi | News18".
  10. ↑ "Union Cabinet reportedly greenlights Women's Reservation Bill; official confirmation awaited". 18 September 2023.
  11. ↑ "A Political Timeline Of The Women's Reservation Bill From Rajiv Gandhi To Narendra Modi".
  12. ↑ "Tracing the political history of the Women's Reservation Bill". 19 September 2023.
  13. ↑ "History Of Women's Reservation Bill May Put INDIA Bloc Unity To Test".
  14. ↑ "Should there be sub-quota for OBC women? Debate rages". The Times of India. 20 September 2023.
  15. ↑ Chattopadhyay, Raghabendra, and Esther Duflo (2004). "Women as Policy Makers: Evidence from a Randomized Policy Experiment in India". Econometrica . 72 (5). The Abdul Latif Jameel Poverty Action Lab: 1409–43. doi:10.1111/j.1468-0262.2004.00539.x. hdl: 1721.1/39126 . Retrieved 14 December 2018.{{cite journal}}: CS1 maint: multiple names: authors list (link)
  16. ↑ Women are seeking 33% reservation in jobs, promotions
  17. ↑ Women's Bill: What's the fuss about? Rediff 24 August 2005.
  18. ↑ The reservations business, Indian Express , 11 August 1998.
  19. ↑ "Calling himself 'chosen one', PM Modi brings in women's Bill, with SC/ST quota". 19 September 2023.
  20. ↑ "Govt brings in women's reservation Bill: One-third of seats to be reserved, also in SC/ST quota". 19 September 2023.
  21. ↑ "Mallikarjun Kharge vs Nirmala Sitharaman in Rajya Sabha over women's reservation bill remarks". 19 September 2023.
  22. ↑ "PM Modi urges Rajya Sabha MPs to unanimously approve women's reservation bill". The Hindu. 19 September 2023.
  23. ↑ "Rajya Sabha proceedings adjourned for day; House to meet on September 20".
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.