Reservations for women in Parliament and State Assemblies

Context: The Union cabinet led by Prime Minister has approved the Women’s Reservation (The Constitution (108th Amendment) Bill, 2008 to provide reservations for women in Parliament and state assemblies. The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 that aims to provide was recently introduced in the Lok Sabha

About the Women’s Reservation Bill [The Constitution (108th Amendment) Bill, 2008]

• Origin of women reservation in India:
  • The discourse on women’s reservation in India can be traced back to 1955 when a government appointed committee recommended that 10% of seats in the Lok Sabha and State legislative assemblies should be reserved for women.
  • However, it was not until the 1980s that the demand for women’s reservations gained momentum.
  • The National Perspective Plan for Women (1988) recommended that 30% of seats in all elected bodies should be reserved for women.

• The Journey of Women’s Reservation Bill: The Women Reservation Bill (Constitution (108th Amendment) Bill, 2010) has witnessed a long journey in Parliament and has a lot of arguments favouring and not favouring it.

Arguments in favour of and against the bill:

Key provisions of the Bill:

• The Women’s Reservation Bill proposes to reserve 33% of seats in the Lok Sabha and State Legislative Assemblies for women.
• One third of the total number of seats reserved for SC/ST shall be reserved for women of those groups in the Lok Sabha and the state Legislative Assembly.
• Reserved seats may be allotted by rotation to different constituencies in the state or union territory.
• Reservation of seats for women shall cease to exist 15 years after the commencement of this Amendment Act.

The need for the Women’s Reservation Bill:

• Under representation of women: Currently, just 14 per cent of Lok Sabha MPs are women (78 in total). And women make roughly 11 per cent of the Rajya Sabha.
• Global comparison: Although the number of women MPs has increased significantly since the first Lok Sabha, it remains much lower in comparison to several other countries.
  • According to data from PRS, Rwanda (61 per cent), South Africa (43 per cent) and even Bangladesh (21 per cent), are ahead of India in this matter.
  • India ranks 144 out of 193 countries in the representation of women in Parliament, according to the Inter-Parliamentary Union’s latest report.
• Need to bridge the gender gap: According to various international reports, development in India is being severely hampered by the breadth of the gender gap and limited female participation in traditionally male dominated institutions and social strata.
• Gender sensitization in law making: As a study by the American Economic Association showed, “countries with higher share of women in national parliament are more likely to pass and implement gender sensitive laws.”
• Positive impacts: A 2010 study by the Harvard Kennedy School showed that female representation in village councils increased female participation and responsiveness to concerns such as drinking water, infrastructure, sanitation and roads.

Status of Women Reservation in India:

• The 73^rd and 74^th Amendments that were passed in 1993, introduced panchayats and municipalities in the Constitution, in which one-third of seats were reserved for women.
• The Constitution also provides for reservation of seats in Lok Sabha and state legislative assemblies for Scheduled Castes (SCs) and Scheduled Tribes (STs) in proportion to their number in the population.
• However, the Constitution, does not provide for reservation of seats for women in the Lok Sabha and state legislative assemblies.  Some members of the Constituent Assembly had opposed reserving seats for women in legislatures.
• Bills amending the Constitution to reserve seats for women in Parliament and state legislative assemblies have been introduced in 1996, 1998, 1999, and 2008 but all got lapsed with the dissolution of their respective Lok Sabhas.

Provisions for women’s political empowerment in Indian Constitution:

• Article 15 (3): The State is empowered to make “special provisions”, legislative or otherwise, to secure women’s socio-political advancement.
• Article 325: Guarantees equal rights for both sexes, and entitles women to enjoy economic, social, cultural, and political rights on an equal footing with men.

Current Status:  

• In 2015, the Report on the Status of Women in India noted that the representation of women in state assemblies and Parliament continues to be dismal.
  • It noted that decision making positions in political parties have negligible presence of women.
  • It recommended reserving at least 50% seats for women in local bodies, state legislative assemblies, Parliament, ministerial levels, and all decision-making bodies of the government.
• 15% of the total members of the 17^th Lok Sabha (current one) are women while in state legislative assemblies, women on average constitute 9% of the total members.
• The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 was introduced in Lok Sabha on September 19, 2023.
  • The Bill seeks to reserve one-third of the total number of seats in Lok Sabha and state legislative assemblies for women.

Key Features of the Bill

• Reservation for women: 
  • The Bill 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.
  • This will also apply to the seats reserved for SCs and STs in Lok Sabha and states legislatures.
• Commencement of reservation: 
  • The reservation will be effective after the census conducted after the commencement of this Bill has been published.
  • Based on the census, delimitation will be undertaken to reserve seats for women.
  • The reservation will be provided for a period of 15 years.
  • However, it shall continue till such date as determined by a law made by Parliament.
• Rotation of seats: Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament.

Key changes between 2008 Bill and Bill introduced in 2023

Purpose of reservation:

• Addressing Underrepresentation: Reservation aims to address the underrepresentation of certain groups, particularly women, in the political system. When a group is not proportionately represented, their ability to influence policy-making is limited.
• Eliminating Discrimination: Reservation aligns with the Convention on the Elimination of All Forms of Discrimination Against Women, which mandates the elimination of discrimination against women in political and public life. Despite India being a signatory to this convention, discrimination in women’s representation in decision-making bodies has persisted.
• Increasing Women’s Representation: Reservation policies, such as quotas for women in local bodies and parliament, aim to increase the number of women in these positions. While there has been some progress (e.g. number of women MPs has increased from 5% in the first Lok Sabha to 15% in the 17^th Lok Sabha), the representation of women is still relatively low.
• Global comparison: Although the number of women MPs has increased significantly since the first Lok Sabha, it remains much lower in comparison to several other countries.
  • According to data from PRS, Rwanda (61 per cent), South Africa (43 per cent) and even Bangladesh (21 per cent), are ahead of India in this matter.
  • India ranks 144 out of 193 countries in the representation of women in Parliament, according to the Inter-Parliamentary Union’s latest report.
• Empowering Women: Reservation empowers women to make meaningful contributions in public life and decision-making. For example, the Standing Committee on Personnel, Public Grievances, Law and Justice (2009) shows that women elected under reservation policies invest more in public goods related to women’s concerns.
• Eliminating gender discrimination and empowering women, as outlined in the Preamble and Constitution of India, is integral to promoting equality of rights and freedoms.

Global Examples

• Around the world, women leaders are outperforming their male counterparts.
• The Scandinavian countries have implemented policies and governance structures that support gender equality and women’s empowerment, which includes women’s representation in political and leadership positions.
• Norway implemented a quota system in 2003 that required 40% of seats on corporate boards to be occupied by women.
• Moreover, countries led by women have shown to have some of the best policies and governance practices.
• The deep scars in Rwanda, a central African nation, from the genocide, are being healed by predominantly a leadership that comprises women; this has also resulted in key social reforms.

Limitations:

• Perceived Lack of Merit-Based Competition: Opponents argue that reserving seats for women may give the impression that women are not competing on merit but are being granted positions solely based on their gender.
• Failure to Address Broader Electoral Reforms: Reservation alone does not address larger issues in the electoral system, such as the criminalization of politics, lack of internal democracy in political parties, and the influence of black money. Therefore, systemic issues need to be tackled to achieve genuine political empowerment.
• Potential to Benefit Privileged Women: Reservation policies may primarily benefit privileged women, potentially worsening the situation for marginalized and underprivileged groups of women who may not have the same access to these reserved seats.
• Impact on Constituency Representation: The rotation of reserved constituencies in each election may reduce the incentive for an MP to work for their constituency, as they may become ineligible to seek re-election from the same constituency. This could potentially affect the quality of representation.
• Proxy Culture: There possibility of a “proxy culture” where elected women may lack real power and instead act as representatives of male decision-makers, essentially becoming a token presence without significant influence.
• Qualified Men Losing Out: Reserving legislative positions for women may result in qualified men losing opportunities to serve in those positions.

Pros and cons of reservation in political parties and dual member constituencies

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