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106th Constitutional Amendment Act, 2023

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 29-Nov-2024

Introduction

  • The Amendment aims to ensure greater representation of women in the Lok Sabha and the State Legislative Assemblies.
  • The amendment is set to last for 15 years after coming into effect, with the possibility of extension.
  • It's seen as a culmination of a long-standing demand, with similar bills having been introduced and lapsed multiple times since 1996.

Women’s Reservation Act, 2023

  • The Constitution (106th Amendment) Act, 2023, reserves one-third of all seats for women in Lok Sabha, State legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi, including those reserved for SCs and STs.
  • It was passed in September 2023 and aims to increase the representation of women in the Legislature.
  • The reservation will be effective after the publication of the census conducted following the Act’s commencement and endures for a 15-year period, with potential extension determined by parliamentary action.
  • The rotation of seats allocated for women will be governed by parliamentary legislation after each delimitation process.

Journey of Women Reservation in India

  • National Perspective Plan:
    • The National Perspective Plan for Women in 1988 recommended providing reservation for women right from the panchayat level to Parliament.
  • 73rd and 74th Constitutional Amendments:
    • 73rd and 74th Constitutional Amendments in 1992, mandated all states to reserve one-third of seats for women in local bodies.
    • Article 243D (2) and Article 243T (2) gave reservation to women in Panchayat and Municipalities, respectively.
  • Women Reservations Bills:
    • The Women's Reservation Bill for Parliament and state assemblies was first introduced in 1996.
      • However, it could not be passed due to lack of majority.
    • Subsequent attempts were made in 1998, 1999, and 2008, but all the bills lapsed with the dissolution of the respective Lok Sabhas.
    • The Rajya Sabha passed it in 2010, but it remained pending in the Lok Sabha.
    • Various committees and reports, including the 2013 Committee on the Status of Women, recommended at least 50% reservation for women in all decision-making bodies.

Major Committees on Women Reservation

  • 1971 Committee on the Status of Women in India (CSWI):
    • It was set up by the erstwhile Ministry of Education and Social Welfare, examined the constitutional, administrative, and legal provisions affecting the social status of women.
    • Its report, 'Towards Equality,' highlighted the state's failure to ensure gender equality and recommended reservations for women in local bodies.
  • 1987 Committee under Margaret Alva:
    • It presented the National Perspective Plan for Women 1988-2000, which included a recommendation for reserving seats for women in elected bodies.
    • This led to the 73rd and 74th Constitutional Amendment Acts in 1992, mandating reservation of one-third of seats for women in local bodies.
  • 1996 Select Committee headed by Geeta Mukherjee:
    • In 1996, the first Women's Reservation Bill was sent to a Select Committee headed by Geeta Mukherjee.
    • The committee recommended considering extending reservation to OBC women at an appropriate time.
  • 2013 Committee on the Status of Women:
    • The 2013 Committee on the Status of Women, constituted by the Ministry of Women and Child Development, recommended ensuring at least 50% reservation for women in all decision-making bodies, including Parliament and state assemblies.

Contents of Provisions Introduced

  • Article 330A of Constitution of India, 1950 (COI)
    • This provision provides for reservation of seats for women in Lok Sabha.
    • It provides that one third of the total number of seats reserved under clause (2) of Article 330 shall be reserved for women belonging to SC/ST.
  • Article 332 A of COI
    • This provision provides for reservation of seats for women in Legislative Assembly of States
    • It provides that one third of the total number of seats reserved under clause (3) of Article 332 shall be reserved for women belonging to SC/ST.
  • Article 239AA of COI
    • It provides for reservation of seats for women in Legislative Assembly of NCT of Delhi.
    • It provides that one-third of the seats in the Legislative Assembly of NCT of Delhi shall be reserved for women.

Conclusion

This amendment is a result of long-standing demand for reservation of women. This reservation when implemented will result in greater participation of women in the politics of the country. Greater representation of women in the law-making institutions will result in more laws that facilitate women in all the spheres of their life and is a much-awaited step in the direction of gender equality.