On Tuesday (September 19), the Modi government introduced the Women Reservation Bill in the Lok Sabha, coinciding with the first session of proceedings at the new Parliament building.
While speaking about the matter, Prime Minister Narendra Modi said, “For many years, there have been extensive discussions and debates on women’s reservations.”
“In 1996, a bill related to this was introduced for the first time. During Atal Ji’s tenure, the Women’s Reservation Bill was presented several times, but it couldn’t gather enough support for passage, which is why that dream remained unfulfilled,” he added.
For many years, there have been extensive discussions and debates on women's reservations.
— BJP (@BJP4India) September 19, 2023
In 1996, a bill related to this was introduced for the first time.
During Atal Ji's tenure, the Women's Reservation Bill was presented several times, but it couldn't gather enough support… pic.twitter.com/WTU0N8sLwl
Titled the Constitution (One Hundred and Twenty-Eighth Amendment), the bill [pdf] was tabled in the Lower House of the Parliament by Union Law Minister Arjun Ram Meghwal.
The bill will amend Article 239AA of the Indian Constitution, which deals with the governance structure of Delhi. 1/3rd of the total seats reserved for the Scheduled Castes (SC) community in the Delhi Legislative Assembly will now be reserved for women.
Besides, 1/3rd of the total seats in the Delhi Legislative Assembly will also be reserved for women. This will include the 1/3rd seats reserved for women belonging to the SC community. There are 70 seats in the Delhi Vidhan Sabha, out of which 12 seats are reserved for Scheduled Castes.
Impact on seat sharing in Lok Sabha and State Assemblies
The Women’s Reservation Bill will also amend Article 330 of the Indian Constitution, which provides reservations for the SC and ST communities in the Lok Sabha.
Similar to the Delhi Assembly, 1/3rd of the total seats reserved for the SC/ST community in the lower House of the Parliament will now be reserved for women 1/3rd of the total seats in Lok Sabha will also be reserved for women (including 1/3rd seats reserved for women from SC/ST community).
At present, there are 412 unreserved seats and 131 reserved seats in the Lok Sabha (84 for Schedule Castes and 47 for Scheduled Tribes). The bill will not impact the seat sharing in the Rajya Sabha or the Upper House of the Parliament.
The bill will introduce 1/3rd or 33% reservation for women (both for reserved and unreserved seats) in the Legislative Assemblies of all States through the amendment of Article 332 of the Indian Constitution, which provides reservation for SCs and STs in Vidhan Sabhas.
Rotation of Seats, 15-year effective period and impact of current seat sharing
At the same time, the bill provides for the rotation of seats across the Delhi Assembly, State Assemblies and the Lower House of the Parliament after every exercise of delimitation. It will also remain in effect for a period of 15 years, post which it can be extended by the Parliament.
It must be mentioned that the Constitution (One Hundred and Twenty-Eighth Amendment) Bill will not affect the current seat sharing in the Delhi Assembly, Lok Sabha and other State Assemblies.
Article 334A(4) introduced through this legislation makes it clear –
Nothing in this article shall affect any representation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi until the dissolution of the then existing House of the People, Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi.
Women’s reservation bill to affect 2029 elections
Having said that, the historic Women’s Reservation Bill is unlikely to impact the 2024 General Assembly Elections. This is because the bill will only come into effect after 2027 when a census will be conducted and existing constituencies will be redrawn.
A new article, 334A (1) inserted through the bill states –
“Notwithstanding anything in the foregoing provision of this Pan or Part VIII, the provisions of the Constitution relating to the reservation of seats for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after commencement of the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023 have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement. Constituencies will be redrawn only after the next Census, which is likely in 2027. The Census was meant to be held last in 2021, but was delayed because of Covid.
As such, the Constitution (One Hundred and Twenty-Eighth Amendment) bill will have no bearing on the 2023 Lok Sabha election.
