All About Women Reservation

All About Women Reservation:?

Time line of Women Reservation

Topic Women Reservation bill had been cleared by the Union cabinet on 18-9-2023.

The bill is approved by both houses of parliament.
First discussion ·       In 1971, responding to a request from the United Nations for a report on the status of women ahead of International Women’s Year, 1975, the Union Ministry of Education and Social Welfare appointed a Committee on the Status of Women in India (CSWI) to examine the constitutional, administrative, and legal provisions that have a bearing on the social status of women, their education, and employment — and the impact of these provisions.
Title of the Committee Report ·       Towards Equality
Observation of the report ·       India had failed in its constitutional responsibility to ensure gender equality. Thereafter, several states began announcing reservations for women in local bodies.
Committee under Rajiv Gandhi government ·       In 1987, Rajiv Gandhi’s government constituted a 14-member committee under then Union minister Margaret Alva
Alva Committee Report ·       The report known as National Perspective Plan for Women, 1988-2000 was submitted in1988 with 353 recommendations out of which one was reservation of seats for women in elected bodies.
Outcome of the Alva committee recommendations ·       Proposed to provide 33% reservation in the local governments through 64th and 65th amendment bills by the Rajiv Gandhi government but the Rajya Sabha disagreed with the amendments.
P V Narasimha Rao Government attempt ·       73rd and 74th Amendment Acts were enacted when P V Narasimha Rao was Prime Minister, mandating the reservation of one-third of seats for women in Panchayats and Municipalities.
Deve Gowda Government ·       First women’s reservation Bill brought by Deve Gowda Govt on 1996, September 12th

·       Through the 81st amendment bill intended to provide reservation to women in lok sabha and state legislative assemblies.
IK Gujral Government ·       The Gujral Govt made failed efforts to reach a consensus but opposed by the OBC MPs when the bill was taken up on May 16, 1997.
Vajpayee government ·       In 1998 bill was presented but the bill lapsed due to fall of government in 1999.
Vajpayee’s second tenure ·       Vajpayee returned as Prime Minister after the elections of 1999. On December 23, 1999, during Parliament’s Winter Session, Law Minister Ram Jethmalani introduced The Constitution (85th Amendment Bill) to give reservation to women. But failed to reach consensus on the bill
Attempts of the election commission ·       In April 2000, the Election Commission asked political parties their opinion on reservation for women.
MS Gill formula ·       It is the proposal of the Election Commission to make it mandatory for recognised political parties to field a minimum agreed percentage of women in elections to state Assemblies and Parliament.
All Party Meeting by Vajpayee ·       On March 7, 2003, Prime Minister Vajpayee made another attempt to build a consensus at an all-party meeting. He was not successful, and the NDA lost power in the elections of 2004.
Man Mohan Singh Government ·       On May 6, 2008, the UPA government introduced The Constitution (108th Amendment) Bill, 2008 in Rajya Sabha.
Proposal in the bill ·       The Bill, which sought to reserve one-third of all seats for women in Lok Sabha and the state legislative Assemblies, including one third of the seats reserved for SCs and STs,
Standing committee on 108th amendment bill ·       The bill was referred to the Standing Committee on Personnel, Public Grievances, Law and Justice on May 8. The committee reported on 17-12-2009
Fate of the bill ·       The Bill was passed by Rajya Sabha on March 9. However, due to differences within the UPA and even within the Cabinet, the Bill was never brought to Lok Sabha, and it lapsed with the dissolution of the Lower House.
Committee on Status of Women ·       In May 2013, the Ministry of Women and Child Development constituted a committee on the status of women, which recommended: “Ensure at least 50 per cent reservation of seats for women in the Local bodies, State Legislative Assemblies, Parliament, Ministerial levels and all decision‐making bodies of the government.
2014 & 2019 BJP Manifesto ·       Commitment to 33% reservation
Alternatives proposed
  1. Reserve one-third of seats for women, but to then increase the overall strength of the legislatures, so that the actual number of unreserved seats do not decrease.
  2. Establish a separate parliament for women in which only women are elected. Every constituency will elect a general candidate and a women representative
  3. Along with 33% women reservation, there should be 33% reservation to women in the cabinet and one out of the three Prime Ministers should be a woman.
  4. There should be quota in Quota for women along with SC, ST and OBC

 

 

 

 

 

Women Reservation in Local Bodies

First attempt Rajiv Gandhi government through 64th and 65th amendment bills which intended provide constitutional status to local governments along with women reservation. Rajya sabha rejected the bills.
PV Narasimha Rao government ·       73rd and 74th Amendments in 1992 provided constitutional status to local bodies along with minimum 33% women reservation.  States may increase the reservation more that 33%
Constitutional status ·       Article 243 (D) – Women reservation in PRIs

·       Article 243 (T) – Women reservation in municipalities.
Quota in Quota ·       Not less than one-third of the total number of seats reserved for SCs and STs shall be reserved for women.
Present representation according to 2021 data ·       In 18 states, the percentage of women elected representatives in Panchayati Raj institutions was more than 50 per cent
18 States with more 50% women reservation in local bodies ·       Uttarakhand, Chhattisgarh, Assam, Maharashtra, Tamil Nadu, Odisha, Kerala, Bihar, Jharkhand, West Bengal, Rajasthan, Manipur, Telangana, Sikkim, Himachal Pradesh, Karnataka, Andhra Pradesh, and Madhya Pradesh.
The highest proportion of women representatives ·       Uttarakhand (56.02 per cent)
The lowest  proportion of women representatives ·       Uttar Pradesh (33.34 per cent).
Total  % of women representatives in PRIs ·       45.61%
Total representatives in general ·       32,00,000
Women representatives ·       14,50,000
Women heading the local bodies ·       86,000
Women representation in local bodies is highest in India ·       India – 44.37%

·       France – 40.4%

·       UK – 34.25%

·       Germany – 27.52%

·       China – 23.08%

·       Japan – 12.87%

 

128th Constitutional Amendment Bill

Topic of Debate ·       128th Constitutional Amendment bill 2023
Purpose ·       To bring in 33% reservation for women in the Lok Sabha and all state Legislative Assemblies. The Bill extends the quota to the seats reserved for SC/STs.
Commencement of Reservation ·       After the completion of the delimitation exercise based on the first Census conducted after the passage of the Bill, which puts off its date to around 2029.
Duration of the reservation ·       15 years from the commencement of the Act, with Parliament empowered to extend it further.
Rotation of seats ·       Rotation of seats reserved for women will happen only after subsequent delimitation exercises, to be determined by Parliament by law.
Exemptions ·       The quota will not apply to the Rajya Sabha or state Legislative Councils.
Number of seats reserved ·       181 seats will be reserved for every 5 years on a rotation for 15 years
Procedure of rotation Example- if reservation is implemented from 2029

·       Constituency number 1 to 181 will be reserved in 2029 election

·       Constituency number 182 to 362 will be reserved in 2034 election

·       Constituency number 363 to 543will be reserved in 2039 election
Representation
Category Representation Women representation
General 412 137
SC 84 28
ST 47 16
Total 543 181
Name of the bill ·       Narishakti Vandan Adhiniyam
Provisions incorporated ·       Articles 330A, 332A, and 334A. The first two newly proposed articles sought to introduce reservation for women in Lok Sabha and the state legislative Assemblies. While the last article contained a sunset clause to be phased out after 15 years.
Majority required to approve the bill ·       Special majority – that is, a majority of the total members of each House, plus a majority of two-thirds of the House present and voting – and to be ratified by at least half the state Assemblies.
The statement of objectives and reasons for the Bill ·       True empowerment of women requires greater participation of women in the decision-making process as they bring different perspectives and enrich the quality of legislative debates and decision-making
Why it is not implemented in 2024 ·       The 42nd Amendment froze the delimitation exercise until the results of the first Census after 2000 was published based on the 1971 census.

·       84th amendment in 2001 was further extended the freezing for 25 years i.e. till 2026.

·       And now, delimitation would happen after the results of the first Census after 2026 is published.

·       The 2021 Census were postponed due to covid 19. So the census will be held in 2025. After this, delimitation will take place in 2026.

·       Assembly election after 2026 and Lok sabha elections in 2029 will be provide 33% reservation.
Method of allocating the 33% seats ·       It is not specified in the amendment bill. The parliament will determine by law.

·       The 2010 bill says that, the constituencies reserved for women would be obtained by a draw of lots to ensure that no seat was reserved more than once in three consecutive elections.
Reservation of seats of SCs and STs at present ·       Based on the population
May increase in the number of seats in parliament ·       To represent the women to the extend of 33% without compromising the representation of men, there is a possibility of increasing the total number of seats in lok sabha and state legislative assemblies after the delimitation exercise in 2026.

Example:

·       The number of seats in the lok sabha may be increased to 815.

·       33% of 815 = 272.

·       815-272= 543

·       Than, men will be happy to provide reservation to women

 

Delimitation of constituencies

Topic ·       Delimitation of constituencies
Context ·       The implementation of Nari Shakti Vandan Adhiniyam — 128th amendment bill, 2023 to provide 33% reservation to the women in legislatures will depend on delimitation of constituencies.
Implementation of the reservation ·       Contingent on the delimitation exercise as recommended by delimitation commission. It would be done after the census.
Implication The implementation of the reservation provision is not immediate, and is contingent on two processes —

  1. Delimitation exercise
  2. Census.
Meaning of delimitation ·       Delimitation literally means the act or process of fixing limits or boundaries of territorial constituencies in a country or a province having a legislative body. The job of delimitation is assigned to a high power body. Such a body is known as Delimitation Commission or a Boundary Commission.
What happens with delimitation
  1. Increase or decrease in the geographical territory of a constituency

Or | and

  1. Increase or decrease in the number of territorial constituencies
What is Territorial constituency ·       In India, the representation to lok sabha and legislative assemblies and also local bodies is based on territorial constituencies. Area is the basis of representation

Ex:

For Lok sabha– Parliamentary constituency

For state legislature – Assembly constituency

For Gram Panchayat – Wards

For Mandal Parishat – Mandal Parishat Territorial Constituency

For Zilla Parishat – ZP Territorial Constituency

For Municipality – Ward
When will be the possible year of implementation of women quota ·       Since the 2024 elections are now only months away, the 2029 election is the earliest that women’s reservation could take effect in Lok Sabha — provided the Census is carried out and its findings are published, and the delimitation exercise is completed before that.
What is the need for delimitation?
  1. To ensure equitable representation — so that the vote of every person carries similar weight.
  2. To allocate the Lok Sabha constituencies to every state in a manner that the ratio of the number of constituencies and the population of the state is broadly similar. A similar approach is adopted for state Assemblies as well.
  3. To readjust the number and boundaries of the constituencies in accordance with the population.
  4. To ensure a fair division of geographical areas into seats to guard against allegations of gerrymandering
What is gerrymandering ·       Redrawing the boundaries of constituencies in a way that a particular political party has an unfair advantage over another.
Frequency of delimitation ·       It is a constitutional requirement to carry out delimitation of constituencies after every Census. Article 82 of the Constitution (“Readjustment after each census”) mandates the “readjustment” in the allocation of seats to every state in Lok Sabha, and the division of every state into constituencies “upon completion of each Census”.
Constitutional provisions ·       Article 81: Reorganization of the territorial constituencies of the lok sabha after every census.

·       Article 170: Reorganization of the territorial constituencies of the state legislative assembly after every census.

Note: State is the unit of division in both the cases.
Who will undertake the delimitation exercise ·       The delimitation exercise is conducted by an independent delimitation commission constituted by the Election Commission. Its decisions are considered final, unchallengeable in any court (Article 329), to prevent indefinite delays in elections.
Earlier delimitation exercises ·       While the Census has been carried out seven times since Independence, delimitation has happened only four times — in 1952, 1963, 1973, and 2002.
Last delimitation ·       The last delimitation exercise, in 2002, only involved itself with redrawing the boundaries of constituencies. It did not result in the increase in the number of constituencies. This means that the number of Lok Sabha constituencies has not changed since 1976.
Why the number of constituencies did not changed after 1976 The Constitution has been amended suitably to allow for deviations from the original provisions.

  1. 42nd Amendment Act in 1976
  2. 84th Amendment Act in 2001
  3. 87th Amendment Act in 2003
Next delimitation ·       2026 i.e. 25 years after the 84th Amendment.
What about the normal course of action ·       In normal course, delimitation would happen after the 2031 Census.

·       However, the Census of 2021 could not be carried out due to the Covid-19 pandemic.

·       If the house-listing exercise, the first phase of the Census, is carried out next year, the actual population enumeration can take place in 2025.

·       The publication of the first results usually takes at least one or two years.

·       This means that delimitation need not wait for the 2031 Census, it can happen on the basis of the delayed 2021 Census as well.
If every thing is fine ·       The 2029 general elections could be held with an increased number of Lok Sabha seats.
Implication of delimitation Delimitation results in a change in the total number of Parliamentary and Assembly seats.

Census

Year

 Delimitation year Existing seats Changed seats
1951 1952 489 494
1961 1962 494 522
1971 1972 522 543
2001 2002 543 543
Objection from the southern states ·       Southern states have promoted family planning have lesser population. Hence, their representation in the parliament is proportionately reduced.
42nd amendment 1976 ·       To address the concern of the southern states, 42nd amendment was enacted by the Indira Gandhi government. It suspended the redrawing of seat boundaries and seat allocation until 2001. This was to promote family planning.
84th amendment act 2002 ·       The freeze on the number of seats in Parliament and Assemblies was extended till 2026 by the NDA-I government under Atal Bihari Vajpayee through the 84th Amendment Act, 2002.
Why 2026 was taken as a year of cut off. ·       The year 2026 was chosen because, according to the National Population Policy, that was when the government expected population growth to level off.

·       It is based on the assumption that if population policies worked as planned, by 2026, there should be a roughly equal number of births and deaths in India.
The Top 5 states are expected to witness an increase in seats
States Current position After delimitation
UP 80 143
Maharashtra 48 84
West Bengal 42 73
Bihar 40 70
Tamilnadu 39 58
Change of seats in Southern states
States Current representation After delimitation
Andhra 25 35
Telangana 17 28
Karnataka 28 49
Tamilnadu 39 58
Kerala 20 25
Increase for the southern states The seats of Southern States are likely to increase by 66(19.1% of the total expected increase of 345 (888 minus 543).
Region wise analysis
Region % change from To Variation
South 24.1% 22.2% -1.9% decline
North 27.8% 29.4% +1.6% rise
East 21.7% 22.2% 0.5% rise
West 14.4% 14.9% 0.5% rise
Central 7.4% 7.8% 0.4% rise
North east 4.6% 3.5% 1.1% decline
No decline for the south The number of seats of southern India is not likely to decline; its proportionate share could reduce to give shape to new population dynamics. Only their share reduce
Reason for opposition by south The delimitation is being opposed by southern states on the premise that they are being penalised for having better family planning measures.

 

 

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