Government confirms extra sittings to debate amendments to Women’s Reservation Act 2023
Congress accuses government of maintaining unnecessary secrecy and alleges that the amendments are being brought in the middle of the election campaign eyeing possible electoral benefits
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Context
The Union Government has announced its intention to reconvene the Budget Session of Parliament to debate amendments aimed at fast-tracking the implementation of the Constitution (One Hundred and Sixth Amendment) Act, 2023, also known as the Nari Shakti Vandan Adhiniyam. This landmark act reserves 33% of seats for women in the Lok Sabha and State Legislative Assemblies. The proposed amendments seek to delink its implementation from a future census and delimitation exercise, potentially using the 2011 Census data to expedite the process.
UPSC Perspectives
Polity
The core issue revolves around the legislative process and constitutional mechanisms for implementing affirmative action. The Nari Shakti Vandan Adhiniyam was enacted via the Constitution (One Hundred and Sixth Amendment) Act, 2023, inserting Articles 330A and 332A to mandate one-third reservation for women in the Lok Sabha and State Assemblies respectively. However, its implementation was made contingent on the completion of two future events: the first census conducted after the act's commencement and the subsequent delimitation (redrawing of constituency boundaries based on population data) under . The proposed amendments represent a significant shift, aiming to bypass these conditions by possibly using the 2011 Census. This may require further constitutional amendments to and the Delimitation Act to potentially increase the total number of Lok Sabha seats, thereby creating reserved seats for women without altering the existing seat distribution among states. This situation highlights the complexities of constitutional amendments, the functioning of Parliament (extending sessions for legislative business), and the political negotiations required to enact significant representation reforms.
Governance
From a governance perspective, this development underscores the challenges of translating legislative intent into on-ground reality. The delay in implementing the Women's Reservation Act due to its dependency on a postponed census and a frozen delimitation process highlights a critical bottleneck in policy execution. The government's proposal to fast-track implementation is a move towards fulfilling a key promise of inclusive governance and enhancing political empowerment for women. However, it also raises questions of procedural propriety and consensus-building, as the opposition has called for wider consultation. The controversy over the use of the Model Code of Conduct (MCC) period for pushing legislation further complicates the matter. Effective implementation also faces the risk of creating 'Sarpanch Pati' style proxies, where male relatives wield power behind the elected woman representative, a challenge observed in local body reservations. Thus, the success of the Act depends not just on legislative amendments but also on deeper electoral reforms and capacity building for women leaders.
Social
The move to expedite women's reservation is a significant step towards addressing the deep-rooted gender gap in political representation. Currently, women constitute only about 15% of the Lok Sabha and an average of 9% in state assemblies, which is disproportionately low for a country where they are nearly half the population. The Act is aligned with India's commitment to international conventions like the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW). By providing for sub-reservation for women from Scheduled Castes and Scheduled Tribes, the Act also attempts to address intersectional disadvantages. However, the lack of a specific quota for Other Backward Classes (OBCs) within the women's reservation has been a point of contention. The implementation of this Act is expected to bring diverse perspectives into policymaking, potentially leading to more gender-sensitive legislation and a focus on issues like health, education, and social welfare.