The Narendra Modi government is in discussions with opposition parties to changeWomen’s Reservation Billfor its early implementation. Samiti Pande explains the proposed amendments that decouple the existing bill from the 2027 census and the subsequent delineation of Lok Sabha and legislative assembly constituencies.
When was women’s reservation first implemented in India?
The Constitution, when drafted, provided for reservation of seats in the Lok Sabha and state legislative assemblies for Scheduled Castes and Scheduled Tribes. There was no provision for reservation of seats for women. Reservation for women was introduced for the first time through the 73rd and 74th constitutional amendments introducing women’s quota in three-tier local body elections. The Act also provided for a horizontal quota of 33% for women in seats reserved for Scheduled Castes and Scheduled Tribes. Of the total number of seats to be filled by direct election, one third was reserved for women.
When was a bill for reservation of seats in Parliament and state assemblies first introduced?
The HD Deve Gowda government introduced the 81st Constitutional Amendment Bill in the Lok Sabha in 1996, but it lapsed with the dissolution of the house in 1998. There were four more attempts to pass the legislation over the next six years, but each time the proposal was defeated in the face of fierce opposition. Ten years later, the UPA government introduced the bill in the Rajya Sabha and managed to pass it amid strong opposition from regional parties from central states. The Bill, however, could not get the consent of the Lower House of Parliament and lapsed with the dissolution of the 15th Lok Sabha.
When was the bill for reservation of seats for women in the central and state assembly passed by the Parliament?
The Modi government, in 2023, introduced the Nari Shakti Vandan Adhiniyam, or the 128th Constitution Amendment Bill, and it was unanimously passed by both houses of Parliament. The bill reserved one-third of the seats for women in the Lok Sabha, state legislative assemblies and the Delhi Assembly. This quota is also applicable on existing SC and ST bookings. The Act, however, does not apply to the Rajya Sabha and state legislative councils.
How does the law relate designation and registration to reservation for women?
The 2023 law says that women’s reservation will be based on the first registration conducted after the bill is passed. It will be applicable for 15 years, with parliament having the right to grant an extension. The exercise of boundaries will regulate the rotation of seats reserved for women. In other words, the basis for implementing women’s reservation would be the 2027 census data and the subsequent delineation of seats.
What are the proposed changes in the Women’s Reservation Bill now?
The government has started a discussion with the opposition to introduce two draft laws. The objective is to use the 2011 Census data instead of the 2027 numbers to determine the places. Increasing the total number of Lok Sabha seats by 50% in each state to take the cumulative Lok Sabha strength from 543 to 816 and leaving aside the quantum increase of 273 seats for women. This means that in Karnataka, the total number of seats may increase from 28 to 42, and the additional 14 seats are reserved for women.
Using this formula, the government argues, the proportional representation of each state’s seats in the Lower House will remain unchanged.
When will the new draft law come into force?
The government wants to implement women’s reservation for the Lok Sabha elections 2029. However, it is not clear whether the proposed formula for increasing seats in LS will be applicable to state legislative assemblies as well. The opposition parties have demanded that the center officially share the proposal to better understand the formula proposed by the government.
