Insight into the Constitution (106th Amendment) Act, 2023

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Why in the News?

        In recent developments, the Parliament has enacted the Constitution (106th Amendment) Act, 2023, a pivotal move aimed at securing one-third reservation for women in the Lok Sabha, State Assemblies, and the Legislative Assembly of the National Capital Territory (NCT) of Delhi.

Key Provisions of the Act

Articles Amended:

Article 239AA: Ensures the reservation of one-third of seats for women in the Legislative Assembly of the National Capital Territory (NCT) of Delhi.

Articles Inserted:

  • Article 330A: Mandates the reservation of one-third of seats for women in the House of People (Lok Sabha), including the reservation under Article 330 for Scheduled Castes (SCs) and Scheduled Tribes (STs).
  • Article 332A: Prescribes the reservation of one-third of seats for women in the Legislative Assembly of every State, along with reservation under Article 332 for SCs/STs.
  • Article 334A: Specifies that the provisions of this act will come into effect after the delimitation following the first census taken post the commencement of this act.

    • Sunset Clause: The reservation provisions will cease to have effect after 15 years, but Parliament retains the authority to extend them by law.

    • Periodic Rotation: Advocates for the rotation of seats reserved for women after each subsequent delimitation, as determined by Parliament.

    • Non-interference: The act does not impact the current representation in legislative assemblies and the Lok Sabha until their dissolution.

Need for Women’s Reservation in Legislature

Under-representation of Women:

  • With only about 14% of women in the Indian Parliament and an average representation of around 8% in state assemblies, there is a clear need to address the gender gap.
  • India's global ranking in the World Economic Forum’s Global Gender Gap report underscores the urgency of increasing women's representation in politics.

Patriarchal Nature of Political Parties:

  • Affirmative action is crucial to overcome inherent barriers, including financial constraints and gender biases within political parties.

Gender-sensitisation of Public Policy:

  • Women's participation in decision-making is essential to tackle issues like low female labor force participation and rising crime rates against women.

Evidence from Local Level Reservations:

  • Assessments suggest that local-level reservations for women have led to positive outcomes, including increased reporting of crimes and improved access to basic amenities.
Nudging Women-led Development:

  • Empowering women in policy-making at the national and state levels can pave the way for more inclusive development.

Concerns with the Act

Against Inequality:

  • Critics argue that reservations may contradict the constitutional principle of equality, suggesting that women might not compete on merit.

Impact on Voter’s Choices:

  • Some express concerns that reservations limit voter choices, potentially conflicting with the principle of self-determination.

Non-homogeneous Group:

  • Women, being a diverse group, differ from caste-based communities, challenging the analogy with caste-based reservations.

Less Impact on Political Empowerment:

  • Critics contend that broader electoral reforms are necessary to address issues such as criminalisation of politics and internal democracy within political parties, which could hinder women's political empowerment.

Disparity Across States:

  • Discrepancies exist in the act's provision for reserving one-third of seats across all Lok Sabha seats, deviating from the 2008 bill, which proposed reserving one-third of seats in each State/UT.

Rotation of Seats:

  • The act suggests seat rotation after every delimitation, differing from the previous practice of rotation after each general election.

Reservation in Rajya Sabha and Legislative Councils:

  • Notably, the act lacks provisions for women's reservation in the Rajya Sabha and Legislative Councils, a point raised by the Geeta Mukherjee Committee in 1996.

Way Forward

Timely Implementation:

  • To ensure the act's effective implementation, timely conduct and publication of census data and delimitation exercises are imperative.

Capacity Building:

  • Collaboration with civil society and other institutions is crucial for training and mentoring women leaders at the local level, fostering effective mobilisation at the State and national levels.



Location: Karnataka, India

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