Understanding the Women's Reservation Bill of 2023 in India

"When women thrive, all of society benefits, and succeeding generations are given a better start in life." – Kofi Annan.

The Women’s Reservation Bill, a landmark legislation in India, is a significant step toward achieving gender equality in governance. The Constitution (128th) Bill, 2023, mandates one-third (33%) reservation of seats for women in the Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. It aims to bridge the gender gap in political representation and empower women to participate actively in decision-making processes.

For UPSC aspirants, understanding the Women’s Reservation Bill is essential for Prelims and Mains and also for building a comprehensive perspective on gender issues, governance, and constitutional amendments. 

What is the Women's Reservation Act, 2023?

The Constitution (106th Amendment) Act, 2023, also known as the Nari Shakti Vandan Adhinium or Women’s Reservation Act 2023, aims to increase women’s participation in governance by reserving one-third of all seats in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).

Features of the Bill:

• Implementation Timeline: The reservation will take effect after the census following the Act's commencement is published.
• Duration: The reservation will last for 15 years, with the possibility of extension through parliamentary action.
• Rotation of Reserved Seats: Parliamentary legislation will determine the rotation of seats after each delimitation process.
• Current Representation: Women constitute approximately 15% of the 17th Lok Sabha (2019–2024) and an average of 9% in state legislative assemblies.

Legislative History and Progression of Women’s Reservation Bills

India's journey toward institutionalizing women's reservations has been long and arduous. Here’s a snapshot of its legislative progression:

Representation of Women Over Time

Despite gradual progress, women’s representation in decision-making bodies has remained disproportionately low.

• First Lok Sabha (1952): Women constituted only 5% of the total members.
• 17th Lok Sabha (2019–2024): Representation increased to 15% but still lags behind global averages.
• The Women’s Reservation Act also requires adherence to the Triple Test laid down by the Supreme Court. 

What is the “Triple Test”?

The Triple Test refers to three essential conditions set forth by the Supreme Court to validate the implementation of reservation policies in governance and decision-making bodies. These conditions ensure fairness, representation, and compliance with constitutional principles.

Triple Test Conditions

1. Census Data

• Requirement: A fresh census must be conducted to gather up-to-date demographic data.
• Relevance to the Women’s Reservation Act: The implementation of the Act is contingent upon the publication of the next census data.

2. Delimitation

• Requirement: Redrawing of constituency boundaries based on updated demographic and geographical data.
• Legislation: The rotation of seats for women under the Women’s Reservation Act will be governed by parliamentary legislation after delimitation.

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3. Compliance with Constitutional Mandates

• Requirement: The reservation policy must align with constitutional provisions such as equality (Article 14), prohibition of discrimination (Article 15), and affirmative action (Article 15(3) and 15(4)).

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Status of Women’s Reservation in Different States

This section provides an overview of women’s reservation policies in services across various states of India. 

1. Uttarakhand

• 30% horizontal reservation for state-domiciled women in public employment.
• HC stayed the order in 2022; SC allowed continuation. An ordinance was issued in 2023 to sustain the provision.

2. Karnataka

• 33% reservation for outsourced women employees across departments, including autonomous bodies, universities, and urban local bodies.

3. Tripura

• 33% reservation for women in state government jobs and higher educational institutions.

5. Punjab

• 33% reservation for women in direct recruitment under Punjab Civil Services Rules, 2020.

• Applies to posts in government, boards, and corporations (Groups A, B, C, and D).

6. Bihar

• 35% reservation for women in all government jobs, including police constabulary.

Status of Women in Panchayati Raj Institutions (PRIs)

The National Average of Women Representation in our country stood at 45.61%.

Key Insight: Bihar was the first state to implement a 50% reservation for women in PRIs (2006).

Women’s Reservation and Horizontal Reservation

1. Horizontal Reservation:

• Provides equal opportunity to categories like women, veterans, transgenders, and individuals with disabilities across all vertical categories.
• Example: In a 50% horizontal quota, half of the selected candidates must be women in each vertical category (e.g., SC, ST, OBC, and General).

2. Legal Context:

• Constitutional Provisions: Article 16(2) prohibits discrimination based on sex in public employment.
• Supreme Court Ruling (Indra Sawhney Case, 1992): Women can only be granted horizontal, not vertical, reservation.

The Nagaland Controversy

• In April 2023, Nagaland faced significant debates over implementing 33% reservation for women in Urban Local Body (ULB) elections. 
• It was mandated by the Nagaland Municipal Act of 2001 in line with the 74th Constitutional Amendment.
• The controversy stemmed from opposition by traditional tribal and urban organizations, which claimed that such a provision would infringe upon the special rights granted to the state under Article 371A. 
• These organizations emphasized that tribal customs and practices historically excluded women from decision-making roles. 
• They argued that the reservation mandate would disrupt traditional governance structures.

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Arguments in Support of the Act

1. Need for Women’s Representation:

• In the 17th Lok Sabha, only 82 women MPs are present (15.2%), while in the Rajya Sabha, the figure is 31 (13%).
• This is a significant increase from the 1st Lok Sabha (5%), yet it remains much lower than global standards.
• Global Comparison:

• Rwanda: 61% (highest globally in women’s representation).
• Cuba: 53%, Nicaragua: 52%.
• South Asian neighbors: Bangladesh (21%) and Pakistan (20%) surpass India in this regard.

2. Gender Equality:

• Women’s participation in politics is a crucial step toward achieving gender equality.
• Global Gender Gap Report 2022:

• India ranks 48th out of 146 countries in Political Empowerment, with a low score of 0.267.
• Top countries in this category include:some text
  • Iceland: Ranked 1 with a score of 0.874.
  • Bangladesh: Ranked 9 with a score of 0.546.

3. Historical Underrepresentation:

• Despite progress, women remain significantly underrepresented in Parliament: 5% in the first Lok Sabha to 15% in the 17th Lok Sabha.

• A 2003 study revealed that women elected under reservation policies in Panchayati Raj institutions prioritized public goods linked to women’s concerns, leading to better outcomes.
• Standing Committee Observations (2009): Women’s reservation in local bodies enabled them to contribute meaningfully to governance.

4. Women’s Right to Self-representation:

• The lack of proportional representation limits women’s influence on policymaking.
• CEDAW (Convention on the Elimination of All Forms of Discrimination Against Women): Advocates for eliminating discrimination in political and public life.

5. Diverse Perspectives:

• Including women in legislatures brings diverse viewpoints, enriching policymaking and governance.

6. Empowerment of Women:

• Women’s political reservation fosters empowerment, encouraging leadership across sectors.

7. Promotion of Women-centric Issues:

• Women legislators often prioritize issues like gender-based violence, education, health, and economic empowerment, ensuring they remain on the policy agenda.

8. Role Models for Future Generations:

• Women leaders inspire young girls to pursue leadership roles, breaking societal stereotypes.
• Examples of notable Indian women leaders:

• Indira Gandhi: First woman Prime Minister of India (1966–1977).
• Sushma Swaraj: Second woman External Affairs Minister of India.

Arguments Against the Act

1. Lack of Homogeneity:

• During parliamentary debates, some members highlighted that reservation for women might disproportionately benefit urban, upper-class women, sidelining rural or marginalized women.

2. Equality Concerns:

• Critics contend that reservation for women could contradict Articles 15(1) and 16(2) of the Constitution, which prohibit discrimination based on sex.
• The argument centers on whether quotas for women dilute the principle of equal opportunity for all, regardless of gender.

3. Proxy Representation:

• There is a concern that women elected through reservation might be used as proxies by male relatives or political patrons, limiting their ability to exercise independent decision-making.
• Example: The phenomenon of "sarpanch pati" (husband of the sarpanch) in Panchayati Raj institutions was cited as evidence during debates on the impact of women’s reservation in local governance.

4. Potential for Exclusion of Marginalized Groups:

• There is apprehension that general women’s reservation might not adequately represent women from marginalized groups such as Scheduled Castes, Scheduled Tribes, and religious minorities.
• Example: Critics argued for sub-quotas within women’s reservations during parliamentary debates to ensure representation for marginalized women.

These arguments highlight the complexities and challenges of implementing women’s reservation in politics and underscore the need for a nuanced approach to address these concerns.

Steps to Ensure Effective Representation of Women in Politics 

These steps can ensure women representation in politics in a fruitful manner: 

1. Strengthening Independent Decision-making: Create monitoring systems to prevent family members or patriarchal influences from dictating women representatives’ decisions.

2. Increasing Awareness and Education: Conduct educational programs and awareness campaigns to highlight women’s political rights and the significance of their participation.

3. Addressing Gender-based Violence and Harassment: Formulate stringent policies and legal measures to counter gender-based violence, ensuring a safer environment for women in politics.

4. Electoral Reforms: Introduce proportional representation or preferential voting systems to enhance women’s chances of being elected.

5. Multifaceted Approach: Address challenges like societal attitudes, systemic barriers, and political structures to create sustainable change.

Through these measures, India can move closer to achieving equitable representation for women in its political framework.

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The Path Forward: Striking a Balance

The Women’s Reservation Bill embodies a critical step towards bridging the gender gap in Indian politics. Beyond legislative reforms, societal changes are paramount to ensure that women are not merely participants but active leaders in shaping the nation’s future.

Increased representation is not just a matter of fairness; it is a cornerstone of inclusive governance, where diverse voices contribute to holistic policymaking. As India moves forward, the goal must be to create an environment where women enter politics not just through quotas but because of a society that truly values their leadership and vision.

Let’s remember: When women lead, communities prosper. True empowerment is when leadership is seen as a shared responsibility, not a privilege.

By ensuring fair representation, India can set a powerful example for the world—a democracy where every voice, irrespective of gender, resonates equally.

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Also read: Significance of Test Series in Clearing UPSC Prelims.