Ever since the special session of Parliament was announced last month, there has been a buzz of anticipation regarding a major surprise from the government led by the Bharatiya Janata Party. That surprise has now materialized. During the second day of the special session, Law Minister Arjun Ram Meghwal presented the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, for approval by the union cabinet. This bill, once passed, will advocate for the allocation of one-third of all seats in the Lok Sabha, state legislatures, and the Delhi legislative assembly to women.

In numerous aspects, this bill bears resemblance to a prior legislation presented in 2008 during the tenure of the United Progressive Alliance (UPA) government. For instance, it includes a sunset clause, stipulating that the policy would conclude 15 years from its inception.

The previously proposed legislation, despite receiving approval from the upper house in 2010, never became law due to the absence of political consensus and the subsequent dissolution of the 15th Lok Sabha. Over the course of more than a decade, the long-awaited promise of women’s reservation remained unfulfilled despite various political parties expressing support for the cause at different junctures. Now, amidst a resurgence of the debate and growing demands, a new bill was presented in the Lok Sabha on Tuesday. This bill aims to introduce an affirmative action policy in both union and state legislatures, mirroring a critical aspect of grassroots governance already established in Panchayati Raj institutions (PRI) and Municipalities.

Given these circumstances, many may ponder the potential consequences of passing this bill in the upcoming General Elections next year, and whether there will be an improvement in terms of gender representation. According to the Ministry of Parliamentary Affairs, the current composition of the Lok Sabha comprises 78 women out of a total of 542 members, with the Rajya Sabha consisting of 24 women among its 224 members. Furthermore, there are currently only six women serving as ministers. Gender diversity in state legislatures exhibits significant variations across states, often falling short of desired levels. Notably, Nagaland recently witnessed the election of its first and second female legislative members in March of this year. Prior to this, the northeastern state had seen only two women parliamentarians in its history – one in 1977 and another 45 years later in 2022.

But what unfolds next? Despite the prime minister and the central government’s reiterated dedication to ‘women-led development,’ the actual implementation of the proposed constitutional amendment may take some time, even if it successfully navigates both houses, secures majority approval in state legislative assemblies, and gains presidential assent. The current version of the women’s reservation bill stipulates that its enforcement will commence only after a delimitation exercise is conducted following the first census conducted subsequent to its enactment. This represents a significant distinction between the 2008 and 2023 bills.

This deferment of women reservation is proposed as per clause 5 of the Bill, which reads as :”

“Notwithstanding anything in the foregoing provision of this Part or Part VIII, the provisions of the Constitution relating to the reservation of seats for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after commencement of the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023 have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement”

Hence, it is undeniable that the constitutional amendment currently under consideration will not impact the 2024 Lok Sabha elections or the representation of women in the new group of elected representatives. This is because it is not only improbable but also unfeasible for a nationwide census and subsequent delimitation exercise to be carried out before April next year.

Constitutional Amendment Bill 2021

Key Highlights of the bill

1. Short title and commencement
2. Amendment of Article 239AA
3. Insertion of new Article 330A – Reservation of seats for women in the House of People
4. Insertion of new Article 332A – Reservation of seats for women in the legislative assemblies of the state
5. Insertion of new Article 334A – Reservation of seats for women takes effect
6. The Amendment does not affect reservations in the House of the People. The legislative assembly of the state or the legislative assembly of the NCT Delhi  

The author has completed his LLM from the Central University of Punjab, Bathinda, and did his B.Sc LLB from the Central University of South Bihar.

Disclaimer: The views, thoughts, and opinions expressed in the text belong solely to the author and not to the Jurisedge Academy.

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