The Constitution (106th Amendment) Act, 2023, introduces a significant change by reserving one-third of seats for women in Lok Sabha, State legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. This reservation, inclusive of SCs and STs, becomes effective post-census publication following the Act’s commencement and remains valid for a 15-year period, extendable through parliamentary action.

Key Provisions:

• The allocation of seats for women undergoes rotation after each delimitation process, guided by parliamentary legislation.
• Presently, women constitute approximately 15% of the 17th Lok Sabha and an average of 9% in state legislative assemblies.
• The amendment aligns with the Convention on the Elimination of All Forms of Discrimination Against Women, 1979, advocating the elimination of gender-based discrimination in the political and public spheres.
• Previous attempts in 1996, 1998, 1999, and 2008 to enact similar reservations faced lapses due to various reasons.
• The Supreme Court’s “Triple Test” will be essential for adherence, ensuring that reservations meet the criteria of political backwardness and representation.

Committees and Reports on Women’s Reservation:

Committee on the Status of Women in India (CSWI) – 1971:

• Formed in response to a UN request, it examined constitutional, administrative, and legal provisions impacting women’s social status.
• Published the ‘Towards Equality’ report, highlighting the failure of the Indian state in ensuring gender equality.

Committee under Margaret Alva – 1987:

• A 14-member committee constituted in 1987 under Margaret Alva’s leadership.
• Presented recommendations, leading to the 73rd and 74th Constitutional Amendment Acts in 1992.

Geeta Mukherjee Committee 1996:

• Geeta Mukherjee headed the Select Committee to examine the 81st Constitutional Amendment Bill in 1996.
• Suggested extending reservations to OBCs at an appropriate time.

Committee on the Status of Women – 2013:

Formation and Focus:

• Constituted by the Ministry of Women and Child Development, it recommended ensuring a minimum 50% reservation for women in various decision-making bodies.

Women’s Reservation in Panchayats and ULBs:

Initiatives and Legislation:

1. Early Initiatives: States like Karnataka, Andhra Pradesh, and Odisha implemented reservations for women in local bodies during the 1980s.
2. 73rd and 74th Amendments: Mandated 1/3rd reservation for women in Panchayati Raj institutions (PRIs) and urban local bodies in 1992.

Current Status:

• Constitutional Mandate: Article 243D ensures 1/3rd reservation for women in PRIs, aiming to enhance their participation in local governance.
• Global Gender Gap Report 2023: India achieves 25.3% parity in political empowerment, with women representing 15.1% of parliamentarians.
• Challenges and Persistence: Despite legislative measures, societal efforts are crucial to overcome cultural challenges associated with gender-based discrimination and representation.