One Hundred and Sixth Amendment of the Constitution of India

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The Constitution (One Hundred and Sixth Amendment) Act, 2023 [1]
Emblem of India.svg
Parliament of India
  • An Act further to amend the Constitution of India.
Territorial extentIndia
Enacted by Lok Sabha
Enacted20 September 2023
Enacted by Rajya Sabha
Enacted21 September 2023
Assented to by President Droupadi Murmu
Assented to28 September 2023
Date of expiry15 years after enactment
Legislative history
First chamber: Lok Sabha
Bill titleThe Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 [2]
Introduced by Minister of Law and Justice, Arjun Ram Meghwal
Introduced19 September 2023
Passed20 September 2023
Voting summary
  • 454 voted for
  • 2 voted against
  • None abstained
Second chamber: Rajya Sabha
Bill titleThe Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 [2]
Received from the Lok Sabha 20 September 2023
Passed21 September 2023
Voting summary
  • 214 voted for
  • None voted against
  • None abstained
Summary
To reserve, as nearly as maybe, 33 percent of seats for women in Lok Sabha and state assemblies.
Keywords
Women reservation, 33 percent reservation
Status: Current legislation

The Constitution (One Hundred and Sixth Amendment) Act, popularly known as the Women's Reservation Bill, 2023 (IAST: Nari Shakti Vandan Adhiniyam), was introduced in Lok Sabha on 19 September 2023 during the special session of Parliament. [3] This legislation seeks to allocate 33 percent of the seats in the directly elected Lok Sabha, State legislative assemblies and Delhi legislative assembly [lower-alpha 1] for women. [5]

Contents

The bill is the possible culmination of a legislative debate that had been ongoing for 27 years, including the lapsed Women's Reservation Bill (2010), due to the lack of consensus among political parties. The bill was the first that was considered in the new parliament building. [6] On 20 September 2023, Lok Sabha passed the bill with 454 votes in favour and two against. [7] The Rajya Sabha passed the bill unanimously with 214 votes in favour and none against, on 21 September 2023. [8] President 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).

History of women reservation bill

On 9 December 1946, the inaugural session of the Constituent Assembly of India was convened at the Constitution Hall, presently the Central Hall of the Old Parliament House. Notably, Sarojini Naidu was the only woman in the entire gathering, sitting in the first row of attendees facing the presidential dais. The matter of quota for women was previously deliberated upon in the years 1996, 1997, and 1998; however, it was unable to be pursued further due to the dissolution of Lok Sabha's or the absence of consensus among political parties. In recent decades, there has been growing apprehension regarding the underrepresentation of women in legislative bodies, despite their constituting more than half of the global population. This democratic deficiency poses a significant hindrance to the attainment of rapid economic development. Consequently, it becomes increasingly imperative to accord utmost importance to this issue, aiming to fortify a political decision-making process that is participatory, responsive, inclusive, equitable, and accountable. The implementation of the Women's Reservation Bill, also known as the Constitution 108th Amendment Bill of 2008, is imperative for contemporary Indian society. [9]

This legislation has encountered six unsuccessful attempts to get cleared since its initial introduction in 1996. Former Chief Minister of Uttar Pradesh, Mulayam Singh Yadav in 2010 had suggested the Women Reservation Bill should not be enacted due to its potential implication of encouraging male parliamentarians to engage in wolf-whistling towards their female colleagues. [10]

Statistics

The 2023 composition of the Lok Sabha reveals underrepresentation of women Members of Parliament (MPs), constituting less than 15 percent of its members. Similarly, this gender disparity is stronger in state assemblies including Andhra Pradesh, Arunachal Pradesh, Assam, Goa, Gujarat, Himachal Pradesh, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Manipur, Meghalaya, Odisha, Sikkim, Tamil Nadu, Telangana, Tripura and Puducherry, where the representation of women falls below 10 percent. [11] The presence of female MPs in the Lok Sabha has exhibited a gradual enhancement, progressing from a mere 5% in the 1st Lok Sabha to an increase of 14% in the current 17th Lok Sabha. A total of 716 female candidates participated in the 2019 general election, from which 78 women Members of Parliament have been successfully elected to serve in the 17th Lok Sabha. This is about a quarter higher than for the previous election in 2014, where 62 women MPs were elected. [12]

The bill introduced by the Union Minister of Law and Justice Arjun Ram Meghwal on the day-one of business in the newly built Parliament House aims to increase the number of Women Parliamentarians to 181. [13] The 2023 Lok Sabha comprises a total of 542 members, of which 78 are female members. Similarly, the present Rajya Sabha consists of 224 members, with 24 being female members. A total of 102 women parliamentarians are serving as of 2023. [14]

On 20 September 2023, Union Home Minister Amit Shah informed during the discussion on the Women's Reservation Bill that census and the delimitation exercise will take place after the Lok Sabha elections in 2024. [15] [16] [17]

Provisions

The proposed legislation defines the 33% women reservation to continue for 15 years. Additionally, it mandates that a quota for individuals belonging to the Scheduled Castes and Scheduled Tribes be established within the reserved seats designated for women in Parliament and Legislative assembly. [18]

Implementation

The reservation was defined to be implemented once a new census is published and the delimitation exercise is completed. Union Home Minister Shah said in the House that a census will be carried out to implement the women's reservation bill, right after the elections. He also said that the next government will carry out the delimitation soon after the 2024 Lok Sabha polls, brushing aside the apprehensions of a delay in the bill's implementation. [19] The process of delimitation entails the revision of constituency boundaries pertaining to Lok Sabha and State Assemblies, with the aim of accurately reflecting increase in population distribution. To be fully ratified, the bill needs ratification from a minimum of 50% of the states. The constitutional reasoning for requiring ratification by the states is its potential impact of the bill on the rights of states. [18]

Parliamentary Debates

Lok Sabha

On day 2 of the Special Session, the Prime Minister Narendra Modi in his inaugural speech at New Parliament House emphasized the importance of women-led development. Shedding light on the extensive debates and considerations within the Parliament regarding the reservation of women, he disclosed that the initial bill addressing this matter was first presented as the 81st Constitutional Amendment Bill in 1996 during Janata Dal-led United Front government tenure of H. D. Deve Gowda. PM further revealed that it had been introduced multiple times during the tenure of Atal Bihari Vajpayee, yet regrettably failed to amass the necessary numerical support to transform the aspirations of women into tangible reality. In light of the increasing involvement of women across various sectors, the PM underscored the significance of incorporating more women into the realm of policy-making, thereby amplifying their contributions to nation-building. On this momentous occasion, he asked the members to facilitate greater access to opportunities for women in the parliamentary democracy. Referring to this One Hundred and Twenty-Eighth Amendment in the Indian Constitution, he unveiled Nari Shakti Vandan Adhiniyam as a measure to enhance the robustness of India's democratic system by increasing the involvement of women in policy-making.

Law Minister Arjun Ram Meghwal explicitly articulated the primary objective of this Women's Reservation Bill as the empowerment of women. Furthermore, he urged his fellow parliamentarians to refrain from politicizing the issue at hand. Indian National Congress leader Sonia Gandhi asked for prompt execution with immediate effect. She claimed the Women's Reservation Bill was Rajiv Gandhi's "dream". BJP's Nishikant Dubey highlighted the sustained efforts of Geeta Mukherjee and Sushma Swaraj on this matter in the past. Tamil Nadu's Dravida Munnetra Kazhagam leader Kanimozhi Karunanidhi remarked against identifying this Bill with the Bharatiya Janata Party and questioned the consensus-building measures. Kakoli Ghosh Dastidar of Trinamool Congress in West Bengal inquired on delimitation process. Congress's Rahul Gandhi demanded immediate implementation and stated he would have "liked to see OBC reservation in this Bill". Minister of Home Affairs Amit Shah expressed hope to pass the Bill unopposed. He said that while certain political parties may view women empowerment as a strategic political objective, the Modi administration perceives it as a matter of acknowledgment and validation. [20] All India Majlis-E-Ittehadul Muslimeen opposed the Bill. Asaduddin Owaisi and Imtiyaz Jaleel voted against the Nari Shakti Vandan Adhiniyam due to the non-availability of quota for representation of Muslim women and OBC candidates. [21]

Leader of Opposition and Lok Sabha Member of Parliament Adhir Ranjan Chowdhury claimed the Women's Reservation Bill was first proposed by Sonia Gandhi. He said it was the UPA that demanded the bill to be initiated and passed immediately. Sonia Gandhi responded with an "apna hai" (it's ours) remark.

Rajya Sabha

The Finance Minister, Nirmala Sitharaman spelled out on the implementation of the bill. She explained that a delimitation exercise will be conducted once the initial census has been completed and the relevant population figures have been obtained. Following this exercise, the reservation will be granted. Kapil Sibal sought assurance from government on implementation by 2029. Vandana Chavan from Nationalist Congress Party raised concern on delayed implementation and wanted it to be effective by 2024 General Elections. [22] Trinamool Congress MP Derek O'Brien also demanded early implementation of Women's Reservation Bill while highlighted the absence of women chief ministers in BJP-led National Democratic Alliance ruled states. [23] Priyanka Chaturvedi from Shiv Sena (Uddhav Balasaheb Thackeray) also questioned the delayed implementation. Communist Party of India (Marxist) MP Elamaram Kareem called this legislation as "election gimmick" of the BJP. Mallikarjun Kharge of Indian National Congress criticized the waiting till delimitation is completed. [24] BJP's J P Nadda and Sushil Modi responded to the Opposition demand of OBC quota in the reservation. Saroj Pandey from BJP expressed her regret that the Opposition is scrutinizing the timing and purpose of the bill's introduction. [25]

The bill was passed unanimously on 21 September 2023 in the Upper House after a 11-hour debate, a day after it was passed in the Lower House. No Member of Parliament abstained during the voting conducted by the Vice President Jagdeep Dhankhar which saw 100% votes in favour. Prime Minister Modi was present in the Rajya Sabha during the vote. [26]

Reactions

Parliamentarians of INC proposed an unsuccessful amendment to the bill with the aim of facilitating the implementation of women's reservation in the year 2024. M. Thambidurai of All India Anna Dravida Munnetra Kazhagam in an expression of contentment conveyed his satisfaction on passage of this women's reservation bill. He further emphasized his personal connection to this development, as he had previously introduced this bill during his tenure as the law minister in the Union government led by Atal Bihari Vajpayee. While Dola Sen of TMC and Dr. Sukanta Majumdar of BJP in West Bengal welcomed the legislation, Bihar CM Nitish Kumar questioned the delayed implementation. Swami Prasad Maurya from Samajwadi Party termed the bill as 'flawed' because there was no reservation for OBC women. Chief Minister of Haryana, Manohar Lal Khattar expressed that the opposition is remorseful for their inability to introduce the women's reservation bill, whereas Prime Minister Narendra Modi has successfully accomplished this task in the form of Nari Shakti Vandan Adhiniyam. Rajasthan CM Ashok Gehlot praised his party chairperson and reiterated that this bill has been a long-standing aspiration of former Prime Minister Rajiv Gandhi which is finally set to be realized after a two decades effort by Sonia Gandhi. [27]

Shama Mohamed, the Congress spokesperson, attributed the passing of bill to the victory of her party as she claimed it was Congress which gave India its first woman PM, first woman President and first woman Speaker in Parliament. [28] Calling the legislation as a 'trickery', Yogendra Yadav asserted that implementation of women's reservation in Indian politics is not expected to occur until the year 2039. [29]

Smriti Irani remarked the opposition has been laid bare and the Congress is intentionally misleading the nation. Kiren Rijiju said it requires that political leaders refrain from engaging in criticism of the women's reservation bill, and instead, extend their unwavering support towards its implementation. Prime Minister Narendra Modi expressed his appreciation for the contributions made by all members and political parties towards the advancement of women and the promotion of nari shakti. He extended his gratitude to every leader present in the House for their comprehensive deliberation on the women's reservation bill. [27]

Criticism

Critics of this legislation argue that the reservation of seats exclusively for women would primarily favor educated and urban women, consequently neglecting the underprivileged rural women belonging to marginalized castes. Conversely, proponents of this bill assert that the opposition from leaders of these political parties stems from patriarchal tendencies, as they apprehend a potential loss of power to women if a significant portion of seats is allocated to them. [28]

Political parties; Congress, Samajwadi Party, and Rashtriya Janata Dal have criticised the bill as it does not have provision for reserved seats for OBC and Minorities women, which seeks to ensure equal representation for OBC and Minorities women. As the absence of quota for OBC and minorities would make it more difficult for the marginalised women to raise their voices in the Parliament. [30] [31] [32]

The only 2 votes against the bill came from All India Majlis-e-Ittehadul Muslimeen MPs Asaduddin Owaisi and Imtiaz Jaleel, who demanded the inclusion of OBC reservation in the bill. [33]

Following Legislations

The amendment will only apply to State assemblies, excluding union territory assemblies except for Delhi, which was included in the amendment with a specific provision. However, Puducherry and Jammu & Kashmir union territory assemblies were not included in the amendment. [34] On December 2023, both houses passed the Government of Union Territories (Amendment) Bill and the Jammu and Kashmir Reorganisation (Second Amendment) Bill which would extend women reservation in the union territories of Puducherry and Jammu & Kashmir. [35]

See also

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References

  1. ↑ "The Constitution (One Hundred and Sixth Amendment) Act, 2023" (PDF). The Gazette of India. 28 September 2023. Retrieved 10 October 2023.
  2. 1 2 "Constitution (128th Amendment) Bill 2023" (PDF).
  3. ↑ "Women's reservation Bill – imperfect but important". 21 September 2023.
  4. ↑ PTI. "Parliament passes bills to extend women's reservation to Puducherry, J&K assemblies". Deccan Herald. Retrieved 14 April 2024.
  5. ↑ "'God has given me the opportunity', says PM Modi as women quota bill tabled in LS". Hindustan Times. 19 September 2023.
  6. ↑ "Parliament special session: Govt introduces women's reservation bill in LS". Business Standard. Retrieved 19 September 2023.
  7. ↑ "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.
  8. ↑ Nihalani, Jasmin (24 September 2023). "Women Reservation Bill: In 20 States & UTs less than 10% MLAs are female". The Hindu.
  9. ↑ Sharma, Kalpana (21 September 2023). "Women-led development and the Women's Reservation Bill". Hindustan Times. Retrieved 22 September 2023.
  10. ↑ "India's lower house votes to reserve a third of seats for women". aljazeera.com. Retrieved 22 September 2023.
  11. ↑ "Women's Reservation Bill: Pending for almost three decades for want of unanimity". Deccan Herald. Retrieved 20 September 2023.
  12. ↑ "Profile of the newly elected 17th Lok Sabha". PRS Legislative Research. Retrieved 20 September 2023.
  13. ↑ "NDA officially tables women's reservation bill in Parliament". The New Indian Express. Retrieved 19 September 2023.
  14. ↑ "Women in Parliament - Ministry of Parliamentary Affairs" (PDF). Retrieved 20 September 2023.
  15. ↑ "Census, delimitation exercise after election: Amit Shah on women's quota bill".
  16. ↑ "Census a must for women's reservation Bill to become reality". The Hindu. 19 September 2023.
  17. ↑ Singh, Vijaita (20 September 2023). "Women's reservation Bill will be implemented only after 2029: Amit Shah". The Hindu.
  18. 1 2 "India: 5 key takeaways from Women's Reservation Bill aka 'Nari Shakti Vandan Adhiniyam'". WION. Retrieved 20 September 2023.
  19. ↑ "Census, delimitation exercise after election: Amit Shah on women's quota bill". India Today. Retrieved 21 September 2023.
  20. ↑ "Union Home Minister and Minister of Cooperation, Shri Amit Shah participates in the discussion on Nari Shakti Vandan Adhiniyam in the Lok Sabha today". pib.gov.in. Retrieved 22 September 2023.
  21. ↑ "'We voted against so that…': Asaduddin Owaisi on women's quota bill". The Siasat Daily. Retrieved 22 September 2023.
  22. ↑ "Rajya Sabha passes Women's Reservation Bill after 11-hour debate". mint. 21 September 2023. Retrieved 22 September 2023.
  23. ↑ "Not 1 Woman Chief Minister In 16 NDA States: Derek O'Brien On Women's Quota". NDTV.com. Retrieved 22 September 2023.
  24. ↑ "Implement women's bill at the earliest: Kharge". Hindustan Times. Retrieved 22 September 2023.
  25. ↑ Joy, Shemin. "J P Nadda dismisses Opposition's claims on women's quota bill". Deccan Herald. Retrieved 22 September 2023.
  26. ↑ "Women's reservation Bill gets Parliament seal". The Indian Express. Retrieved 22 September 2023.
  27. 1 2 Live, Updates (21 September 2023). "Special Parliament Session: Lok Sabha, Rajya Sabha Adjourned Sine Die - News18". news18.com. Retrieved 22 September 2023.
  28. 1 2 "Indian gov't presents bill to reserve a third of parliament seats for women". aljazeera.com. Retrieved 22 September 2023.
  29. ↑ Yadav, Yogendra. "Why India won't see women's reservation in effect until 2039—it's about trickery". ThePrint. Retrieved 22 September 2023.
  30. ↑ https://www.tribuneindia.com/news/india/why-obc-quota-in-womens-bill-is-a-problem-546212
  31. ↑ "OBC winds change, Women's Reservation Bill set to sail through Rajya Sabha". 21 September 2023.
  32. ↑ https://www.outlookindia.com/national/no-quota-for-obc-minorities-will-women-reservation-bill-let-the-subaltern-speak--news-319355
  33. ↑ "Only these two MPs voted against women's reservation bill in Lok Sabha". The Times of India. ISSN   0971-8257 . Retrieved 14 April 2024.
  34. ↑ Nair, Rajesh B. (22 September 2023). "Centre needs to bring in amendments to give reservation for women in U.T." The Hindu. ISSN   0971-751X . Retrieved 14 April 2024.
  35. ↑ PTI. "Parliament passes bills to extend women's reservation to Puducherry, J&K assemblies". Deccan Herald. Retrieved 14 April 2024.
  1. ↑ A specific provision of the bill includes women reservation in Delhi, despite it not being an Indian State as per the Constitution. [4]
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