The 106th Amendment of the Indian Constitution, passed in 2023, reserves one-third of the seats in the Lok Sabha and State Legislative Assemblies for women. This amendment addresses the underrepresentation of women in Indian politics, where they currently hold less than 15% of Lok Sabha seats. By mandating this reservation, the amendment empowers women and ensures their participation in legislative processes, marking a significant step toward gender equality in India’s political landscape. The provisions will take effect following the next census and delimitation.
The 106th Amendment of the Indian Constitution passed in 2023, is a landmark legislation aimed at reserving one-third of all seats in the Lok Sabha (the Lower House of Parliament), State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women.
This amendment addresses the long-standing issue of the underrepresentation of women in Indian politics, a topic that has sparked discussions and debates for decades.
With this amendment, the Indian government aims to enhance women’s political representation and participation in governance, creating a more inclusive political environment.
What is the 106th Amendment?
The 106th Amendment of the Indian Constitution, passed in 2023, reserves one-third of seats in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women.
This amendment aims to increase women’s representation in Indian politics, addressing the historical underrepresentation they have faced.
Why is the 106th Amendment Important?
This amendment is crucial because it seeks to empower women politically, ensuring that their voices are heard in legislative decisions.
Women currently represent less than 15% of the Lok Sabha and about 9% of State Legislative Assemblies, highlighting the need for increased participation
Why Reserve Seats for Women is Crucial?
The 106th Amendment of the Indian Constitution, enacted in 2023, marks a pivotal development in the quest for gender equality within Indian politics.
By reserving one-third of all seats in the Lok Sabha (the Lower House of Parliament), State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women, this amendment directly addresses the long-standing issue of women’s underrepresentation in political arenas.
Women currently represent less than 15% of the Lok Sabha and a similarly low percentage in various State Assemblies. This lack of representation is a significant concern, as it limits the diversity of perspectives in governance.
Historical barriers have restricted women’s participation in politics since India’s independence. Despite their critical role in society and the economy, women have faced systemic obstacles that discourage their political engagement.
By instituting reserved seats, the amendment seeks to empower women and facilitate their active participation in governance, thereby promoting an inclusive political environment.
The reservation of seats is not just a means to achieve numerical equality; it is about ensuring that women’s voices and experiences are integral to policymaking.
Women often prioritize issues such as health, education, and social justice—areas that significantly affect their lives and the lives of their families.
By reserving seats for women, the Indian government acknowledges that their representation is crucial for creating effective and equitable policies that address the needs of all citizens.
Moreover, the amendment aims to encourage more women to enter politics by reducing barriers to participation. Historically, societal stereotypes and a lack of resources have hindered women’s political aspirations.
By guaranteeing a fixed percentage of seats for women, the amendment creates an environment that promotes their involvement and encourages aspiring female leaders to participate in the electoral process.
Additionally, the inclusion of women in legislative bodies is essential for strengthening India’s democracy. A diverse representation is vital for a healthy democratic process, ensuring that various voices and viewpoints are considered in policymaking.
Women bring unique perspectives that can lead to more comprehensive solutions to the challenges faced by society.
The journey toward women’s reservation has not been smooth. Previous attempts, such as the Women’s Reservation Bill, faced numerous obstacles and opposition in Parliament.
Recommendations from various committees, including the Geeta Mukherjee Committee, have laid the groundwork for this amendment.
However, it has taken decades for the Indian government to finally take this decisive step toward ensuring women’s representation in legislative bodies.
The societal benefits of increased women’s representation in politics are far-reaching. Studies indicate that when women hold leadership positions, they tend to focus on public goods that address women’s concerns, ultimately leading to improved governance.
Moreover, having more women in politics can inspire future generations, fostering a culture of empowerment that encourages young girls to pursue careers in leadership and public service.
Provisions of the 106th Amendment Act
The 106th Amendment Act incorporates several significant provisions aimed at increasing women’s representation in Indian politics.
These provisions address various aspects of how and where women will be represented, ensuring a systematic and structured approach to achieving gender equality in political participation.
Section 1: Short Title and Commencement
(1) This Act is titled as the Constitution (One Hundred and Sixth Amendment) Act, 2023.
(2) The Act will come into force on a date specified by the Central Government, which will be published in the Official Gazette.
Section 2: Amendment of Article 239AA
This section amends Article 239AA of the Constitution by adding:
(ba) Seats reserved for women in the Legislative Assembly of the National Capital Territory of Delhi.
(bb) One-third of the seats reserved for Scheduled Castes (SC) in the Delhi Assembly will be reserved for women.
(bc) One-third of the total seats filled by direct election in the Delhi Assembly (including SC women) will also be reserved for women, as determined by Parliament.
Section 3: Insertion of New Article 330A
This new article states:
(1) Seats will be reserved for women in the House of the People (Lok Sabha).
(2) One-third of the total seats reserved under Clause (2) of Article 330 will be reserved for women belonging to Scheduled Castes or Scheduled Tribes.
(3) One-third of the total seats to be filled by direct election in the Lok Sabha (including SC and ST women) will also be reserved for women.
Section 4: Insertion of New Article 332A
This section introduces provisions for the Legislative Assemblies of the States:
(1) Seats will be reserved for women in the Legislative Assembly of every State.
(2) One-third of the total seats reserved under Clause (3) of Article 332 will be reserved for women belonging to Scheduled Castes or Scheduled Tribes.
(3) One-third of the total seats filled by direct election in the State Assemblies (including SC and ST women) will also be reserved for women.
Section 5: Insertion of New Article 334A
This section outlines the conditions for the implementation of the reservation provisions:
(1) The provisions for reserving seats for women in the Lok Sabha and State Assemblies will come into effect after a delimitation exercise based on the first census taken after the enactment of this amendment. These provisions will last for fifteen years from the commencement of the Act.
(2) The seats reserved for women will remain until a date determined by Parliament.
(3) The rotation of the reserved seats for women in the Lok Sabha and State Assemblies will occur after each subsequent delimitation as determined by law.
(4) Current representation in the Lok Sabha and State Assemblies will remain unchanged until the existing assemblies are dissolved.
Section 6: General Provisions
The amendments made by this Act will not affect the current representation in the Lok Sabha or State Assemblies until the existing assemblies are dissolved.
These sections of the 106th Amendment Act aim to ensure that women are adequately represented in various legislative bodies across India, setting a clear framework for the implementation of this reservation.
Background and History of Representation of Women
The journey towards women’s representation in Indian politics is a complex story shaped by historical, cultural, and social factors.
The roots of this struggle can be traced back to India’s freedom movement, where women played pivotal roles alongside men.
Early feminist movements sought not only independence from colonial rule but also the inclusion of women’s rights in the broader national agenda.
Despite these efforts, the immediate post-independence period did not see a corresponding increase in women’s representation in legislative bodies.
In the years following India’s independence in 1947, the Constitution granted women equal voting rights, but they remained significantly underrepresented in political offices.
In the first Lok Sabha (1952), women held only 5.4% of the seats, a statistic that highlighted the systemic barriers preventing women from participating in politics.
This trend persisted, leading to increasing concerns about gender disparity in political representation.
To address these disparities, various committees and reports emerged throughout the 1990s and early 2000s, recommending policies aimed at increasing women’s representation in legislative bodies.
One of the most significant proposals was the Women’s Reservation Bill, introduced for the first time in Parliament in 1996.
This bill aimed to reserve 33% of seats in the Lok Sabha and State Legislative Assemblies for women.
The bill garnered considerable support from women’s rights activists and civil society organizations; however, it faced fierce opposition from various political factions, leading to its repeated lapses due to the dissolution of Parliament.
The Women’s Reservation Bill became a focal point of debate in Indian politics, highlighting the persistent gender inequalities in political representation.
Critics raised concerns about how reservations could potentially diminish the quality of candidates and argued that they might lead to the marginalization of male candidates.
This discourse highlighted deep-rooted societal biases against women in leadership roles, suggesting that mere electoral quotas would not suffice to change cultural attitudes.
The Geeta Mukherjee Committee
The Joint Select Committee, tasked with forming a consensus on reserving seats for women in the Lok Sabha and State Legislative Assemblies, was led by Geeta Mukherjee, a member of the Communist Party of India.
This committee included 30 members—20 from the Lok Sabha and 10 from the Rajya Sabha—with 13 of them being women.
These members were actively involved in advocating for women’s reservation.
The discussions began on October 23, 1996, focusing on two key issues: implementing reservations in the Rajya Sabha and addressing reservations for Other Backward Classes (OBCs).
After thorough discussions, the committee made several recommendations regarding the Women’s Reservation Bill:
- Review After 15 Years: The committee suggested that the implementation of the reservation should be reviewed after 15 years to assess its effectiveness. This means the reservations would be considered temporary rather than permanent, with the idea of evaluating whether to continue them after three Lok Sabha elections (since each election lasts five years). Currently, the government plans to implement the act by 2029.
- Clarity in Wording: They recommended changing the phrase “not less than one-third” to “as nearly as possible, one-third” to avoid ambiguity. The committee believed that clear language is crucial to ensure effective implementation of the provisions and to avoid misinterpretations.
- Extension to Rajya Sabha and State Legislative Councils: The committee proposed that reservations for women should also apply to the Rajya Sabha and State Legislative Councils. However, the current form of the Act only covers the Lok Sabha and State Assemblies, ignoring this recommendation.
- Minimum Seat Reservation: They suggested that in States and Union Territories where the number of Lok Sabha seats is less than three, at least one seat should still be reserved for women. This would ensure that women can benefit from affirmative action, even in smaller constituencies.
- Representation for Anglo-Indian Communities: The committee also recommended that the rotation system should ensure that at least one of the nominated members from the Anglo-Indian community is a woman.
- Inclusion for Union Territories: They advised that the provisions for women’s reservation should extend to Union Territories like Delhi and Puducherry, which have their own Legislative Assemblies, ensuring representation for women there.
- Omitting Clause on Reservations: Lastly, the committee recommended removing a clause in Article 332A, which stated that no reservations for women would be made in State Legislative Assemblies where the number of seats is less than three. This was deemed unnecessary since no such states exist.
Challenges Encountered by the Women’s Reservation Bill
The Women’s Reservation Bill has encountered several objections, ranging from minor drafting issues to substantial critiques of its main provisions.
During the parliamentary discussions, numerous opponents pointed out various technical flaws in the bill, arguing that these shortcomings could lead to confusion if it were enacted.
A significant concern was raised regarding Clause 3 of Article 332A, which suggested that states with fewer than three assembly seats be excluded from the reservation.
Critics deemed this clause unnecessary, noting that no state currently has a legislative assembly with fewer than three members.
Furthermore, the exclusion of Union Territories from the bill’s provisions was criticized as it substantially limited the bill’s potential impact, especially considering that some Union Territories, such as Puducherry, do possess their own legislative assemblies.
Another contentious issue was the decision to reserve one-third of seats in the Lok Sabha and State Legislative Assemblies for women.
Detractors argued that this figure lacked any basis in demographic data or sound reasoning, as it simply mirrored the reservation percentages already used for women in local governing bodies like panchayats.
Critics raised the question of why the reservation wasn’t set at 50%, given that women represent about half of India’s population.
Although the proposed 33% reservation is higher than the 30% benchmark recommended by the United Nations for women’s representation, it still faced scrutiny for being inadequately justified.
The “one-out-of-three” approach to seat reservations also sparked concern, especially in smaller states like Goa and Sikkim, where fewer than three members are elected to the Lok Sabha.
The bill recognized that these smaller states might require special attention, yet it ultimately did not provide clear provisions to address their unique circumstances.
Moreover, critics noted that the bill only applied reservation provisions to directly elected bodies, such as the Lok Sabha and State Legislative Assemblies, while omitting the Upper House of Parliament and State Legislative Councils.
This omission was seen as a significant flaw, particularly as similar reservations for Scheduled Castes and Scheduled Tribes have long been established, but only for the Lok Sabha.
Opponents argued that lacking robust representation in the Rajya Sabha would undermine any progress made in the Lok Sabha, since the Rajya Sabha holds considerable influence in legislative decisions.
Another point of contention was the absence of a renewal plan or timeline for these reservations.
Critics highlighted that although reservations for SC/ST communities were initially set for ten years, they have continued for more than fifty years through various amendments.
While the final version of the Act did include a provision for a 15-year timeline for women’s reservations, this was added only after recommendations from the Joint Select Committee, which raised doubts about its long-term sustainability.
The proposed rotation system for reserved seats also faced criticism for its practicality. Under this system, a lottery would determine which constituencies would have one-third of their seats reserved for women in each election cycle.
The complexity of implementing this system increased when considering reservations for women from Scheduled Castes and Scheduled Tribes, which made the process cumbersome.
Critics argued that such a complicated approach might discourage representatives from genuinely engaging with their constituencies, as the uncertainty of de-reservation in subsequent terms could deter investment in local governance.
Challenges to Reservation for Women
One major concern regarding the reservation for women in politics is that it tends to reinforce traditional views of women primarily as daughters, mothers, and sisters.
In many cultures, men are seen as the main earners, while women are viewed as caretakers. This perspective makes it challenging for women to gain a significant foothold in politics.
Even when women manage to enter political arenas, their views are often influenced or controlled by their male relatives, such as fathers, husbands, or brothers.
This dynamic can lead to dynastic politics, where women from political families are elected but are effectively controlled by the male figures in their lives.
Some critics argue that reserving seats for women could create divisions in national unity. They believe that basing political representation solely on gender might deepen existing divides within a landscape that is already fraught with political conflict.
These opponents also claim that gender should not be the only criterion for reservation; it should also include other social identities, like caste and class.
However, this argument misses the mark, as the reservation bill is designed to consider both gender and caste, providing a way for women from Scheduled Caste and Scheduled Tribe backgrounds to have a voice.
The Constitution originally supported reservations for marginalized groups to promote social justice, so it is reasonable to extend similar measures to women, who face systemic disadvantages due to their gender.
Another criticism is that the reservation might result in many seats being filled by women from upper-caste and upper-class backgrounds, further sidelining women from Scheduled Castes and lower classes.
However, this concern is not limited to women’s reserved seats; it applies to all Lok Sabha seats. There are significant barriers preventing marginalized groups from participating in politics overall.
The argument has also emerged for including reservations for Other Backward Classes (OBC) women, but the current bill focuses on women from SC and ST communities, leaving OBC women without similar political safeguards.
While OBC reservations exist in education and jobs, they are lacking in the political sphere.
A significant hurdle for women entering politics is the patriarchal mindset prevalent in their families. In both rural and urban settings, women often juggle their jobs with domestic responsibilities, creating a “second shift” of housework.
Traditional gender roles and deep-seated beliefs about male superiority make it hard for women to envision themselves in political roles. As a result, few women challenge these norms to participate in politics.
This concern is closely linked to the argument that male politicians may simply promote their female relatives to run for office, using them as puppets to maintain their own power.
While this is a valid concern, it is essential to recognize the many successful women leaders who have significantly contributed to society.
Feminists opposing women’s reservation often fear it will lead to a kind of “ghettoization” in politics, where women are pitted against each other instead of uniting for common goals.
This rivalry can weaken the potential for women to form alliances that drive meaningful change. When women are set up as competitors, it can diminish the impact of their collective efforts.
Some critics assert that women have already served as representatives of their communities. They argue that creating separate constituencies for women could narrow their perspective, limiting their ability to represent broader societal interests.
However, this viewpoint fails to recognize that the interests of women are part of society’s interests. Empowering women across various fields—politics, education, and employment—ultimately benefits society as a whole.
The progress of any society can be gauged by the status of its women.
Another concern is that granting reservation to one group often leads to demands from other groups, which could result in political unrest and divisiveness.
Critics also point out that once reservations are implemented, it becomes challenging to remove them, leading to indefinite quotas. Additionally, some believe that if women receive reservations, it might imply they are less capable, which could tarnish their reputation in politics.
However, this argument lacks support, as the status of women has not significantly improved over the years.
They often find themselves in disadvantaged positions, and thus, reservations would not create inequality; rather, they are a response to the existing inequality.
Key Features of the 106th Amendment Act
The 106th Amendment is a monumental step towards achieving gender parity in political representation in India.
This landmark legislation seeks to address the historical issue of women’s underrepresentation in governance.
#1 Allocation of One-Third of Seats for Women
The amendment stipulates that one-third of the total seats in the Lok Sabha (the Lower House of Parliament) and State Legislative Assemblies must be reserved for women.
This initiative is aimed at enhancing women’s involvement in shaping legislation and policies that directly affect their lives and communities.
Women have traditionally been underrepresented in these bodies, often falling short of global benchmarks for female political participation, with recent statistics showing that less than 15% of Lok Sabha members are women.
#2 Inclusion of Women from Marginalized Communities
In a bid for inclusivity, the Act specifically reserves seats for women from Scheduled Castes (SC) and Scheduled Tribes (ST).
This provision enhances not just women’s representation but also addresses the compounded disadvantages faced by women from these historically marginalized groups.
By reserving seats for SC and ST women, the amendment seeks to empower a wider spectrum of women who have faced systemic barriers in the political sphere.
#3 Implementation After Census and Delimitation
The reservations for women will be enforced following a new census, followed by a delimitation exercise.
This approach ensures that the allocation of reserved seats reflects the current demographic landscape of the country.
The government plans to conduct the census and delimitation after the 2024 Lok Sabha elections, which will significantly influence the electoral dynamics.
Tying the reservation to demographic changes aims to promote a fair representation that accurately mirrors the population.
#4 Rotational System for Reserved Seats
To optimize representation and ensure diverse constituencies benefit from women’s leadership, the 106th Amendment establishes a rotational system for reserved seats.
This means that the constituencies with reserved seats for women will change over time, allowing various regions to experience the benefits of women’s representation.
This strategy not only diversifies political representation but also disrupts the notion of fixed political strongholds, encouraging broader participation from different communities.
#5 Periodic Review of Reservation Provisions
The Act incorporates a review mechanism that mandates a 15-year assessment of the reservation provisions.
This review allows Parliament to evaluate the effectiveness of the reservations and make adjustments if necessary.
By instituting this clause, the government promotes accountability and responsiveness, ensuring that the provisions evolve based on their real-world impact on women’s representation and participation.
#6 Reservation of Seats in the Lok Sabha
The amendment introduces Article 330A into the Constitution, ensuring that one-third of Lok Sabha seats are reserved specifically for women.
This legislative change is expected to significantly boost women’s representation in the Lower House, which has historically seen low female participation.
Ensuring that women are included in parliamentary discussions is essential for addressing gender-related issues and ensuring that women’s perspectives are integrated into national policies.
#7 Reservation of Seats in State Assemblies
In a similar vein, the Act adds Article 332A, which mandates the reservation of one-third of the seats for women in State Legislative Assemblies.
This provision extends the commitment to gender equality at the state level, facilitating women’s participation in local governance and policy-making.
Such representation is crucial for incorporating women’s unique concerns into regional legislative processes.
#8 Reservation of Seats in Delhi’s Legislative Assembly
The amendment also includes specific provisions for the Legislative Assembly of the National Capital Territory of Delhi, guaranteeing women a significant presence in this vital political environment.
This measure underscores the importance of women’s representation in Delhi, which serves as a critical hub for national governance and policy formulation.
#9 Implementation Timeline for Reservations
The reservation provisions outlined in the amendment will come into effect after a new census is conducted, which will inform the necessary delimitation process for redistributing seats.
The government has indicated that this process will occur after the 2024 Lok Sabha elections, highlighting the importance of accurate demographic data in ensuring fair representation for women in political institutions.
This strategic timing aims to align the implementation of reservations with evolving electoral dynamics, reinforcing the commitment to women’s representation.
Rationale Behind Women’s Reservation in India
The movement for women’s reservation in India is fueled by several key factors aimed at promoting gender equality and addressing historical inequities.
#1 Addressing Underrepresentation
Women make up nearly half of India’s population but have historically been underrepresented in political roles.
Recent statistics highlight that women are among the least represented demographics in various legislative bodies.
This lack of female voices in governance often leads to the neglect of women’s interests in policymaking.
The 106th Amendment seeks to correct this imbalance by reserving a significant number of legislative seats for women, enabling their participation in governance at multiple levels.
#2 Fostering Empowerment
Women’s reservation is seen as a crucial instrument for empowerment. By securing a guaranteed presence in legislative bodies, women can gain control over their lives and contribute to shaping laws and policies that affect them.
This empowerment is essential for challenging societal norms and stereotypes that frequently restrict women’s roles to traditional settings.
Research indicates that women’s leadership promotes inclusive decision-making, which can lead to transformative societal changes and enhanced gender equality.
#3 Influencing Policy Making
With increased representation, women can push for policies that address their specific needs, such as healthcare, education, and measures against violence.
Their active participation in politics is expected to bring legislation that prioritizes women’s needs and perspectives, which have often been overlooked.
Countries with higher female representation in parliaments tend to report improved outcomes in social policies and welfare.
This potential for policy influence is a driving force behind the push for the 106th Amendment.
#4 Economic Growth and Development
Research shows a strong link between women’s political participation and economic advancement.
Studies suggest that increasing female representation in leadership positions correlates with better economic performance and development results.
Women bring unique perspectives to economic discussions, which can drive innovation and effectively address the needs of the broader population.
Thus, reserving seats for women is not only a move toward equality but also a strategic choice for economic growth.
Benefits of the 106th Amendment
#1 Enhanced Political Representation for Women
By reserving one-third of seats for women, the amendment ensures that women’s voices are included in governance.
This representation is vital for creating a balanced political environment and considering diverse viewpoints in decision-making processes.
#2 Improved Governance Practices
Incorporating women’s perspectives into politics can lead to more effective governance. Women’s experiences can help identify policy gaps and foster solutions that are inclusive and equitable.
Allowing women to engage actively in political discussions is expected to significantly enhance governance quality.
#3 Strengthening Local Governance
Women’s reservation empowers female leaders to tackle community-specific issues more effectively.
Local governance often addresses challenges directly impacting women’s lives, such as sanitation, health, and education.
Women in leadership positions can prioritize these matters, ensuring that local needs are represented in broader political discussions.
#4 Encouraging Workforce Participation
When women assume political roles, it can motivate greater female participation in the workforce.
The visibility of women in leadership helps challenge existing stereotypes and inspires other women to pursue careers and leadership opportunities.
This increase in participation is vital for creating a diverse and robust labor market.
#5 Establishing Safe Political Spaces for Women
The 106th Amendment aims to create safe environments for women in politics by eliminating barriers to entry.
This includes addressing issues like harassment and discrimination within political institutions.
Verdict
The 106th Amendment of the Indian Constitution is a pivotal development in the pursuit of gender equality in political representation.
By reserving one-third of seats for women, the government acknowledges the importance of women’s voices in shaping the future of the nation.
While challenges and objections remain, the amendment is a significant milestone toward achieving a more inclusive and equitable political landscape in India.