106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

106th Constitutional Amendment Act, 2023

Women’s Reservation in Legislatures

Introduction

The 106th Constitutional Amendment Act, 2023—popularly known as the Women’s Reservation Act, 2023—marks a historic milestone in India’s democratic journey. It seeks to enhance women’s representation in legislative bodies, a long-pending demand that had seen several failed attempts since 1996.

Key Provisions of the Amendment

  • Reservation Scope:
    One-third (33%) of seats in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi shall be reserved for women, including those seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).

  • Duration:
    The reservation will remain in force for 15 years from the date it comes into effect, with the provision for extension via parliamentary legislation.

  • Implementation Timeline:
    The reservation will be implemented after the first delimitation and census conducted following the commencement of this amendment.

  • Rotation of Seats:
    Reserved seats for women will be rotated after each delimitation, based on parliamentary law.

Newly Inserted Constitutional Provisions

 

Article Provision
Article 330A Reserves one-third of SC/ST-reserved seats in the Lok Sabha for women.
Article 332A Reserves one-third of SC/ST-reserved seats in State Legislative Assemblies for women.
Amendment to Article 239AA Provides one-third reservation for women in the Legislative Assembly of Delhi.

Historical Background of Women’s Reservation

Early Initiatives

  • National Perspective Plan (1988): Recommended women’s reservation from the Panchayat to Parliament levels.

Local Body Reservation: 73rd and 74th Amendments (1992)

  • Mandated 33% reservation for women in Panchayats and Municipalities.

  • Inserted Articles 243D(2) and 243T(2) for ensuring representation at the grassroots.

Parliamentary Attempts

  • First introduced in 1996, the Women’s Reservation Bill failed multiple times in 1998, 1999, and 2008 due to lack of consensus.

  • Though passed in the Rajya Sabha in 2010, it remained pending in the Lok Sabha until the present Act.

Major Committees and Their Recommendations

 

Committee Key Recommendations
1971 Committee on the Status of Women (CSWI) Report “Towards Equality” highlighted the need for women’s reservation due to systemic gender inequality.
1987 Committee (Margaret Alva) Proposed the National Perspective Plan for Women (1988–2000)—paved the way for 73rd/74th Amendments.
1996 Select Committee (Geeta Mukherjee) Advocated for OBC women’s inclusion and set the foundation for future bills.
2013 Committee on the Status of Women Recommended 50% reservation for women in all decision-making institutions, including Parliament.
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