-Aanya Menon
Michelle Obama’s words, ‘Empowering women isn’t just the right thing to do; it’s the smart thing to do. When women are fully represented in decision-making bodies, societies and nations thrive.’ – underscore the significance of the Women’s Reservation Bill, also known as the 108th Amendment Bill. Introduced in the Rajya Sabha in 2008, the bill sought to reserve 33% of the seats in the Lok Sabha and State Legislative Assemblies for women. While it received approval from the Rajya Sabha in 2010, its fate remained in limbo, pending deliberation in the Lok Sabha.
This legislation represents a renewed effort to address the underrepresentation of women in India’s political landscape. The bill comes after years of discussions, revisions, and attempts to pass similar legislation that began with the Women’s Reservation Bill of 1996. The passing of this bill on 21st September 2023 signifies a significant breakthrough in Indian politics. For too long, women have been underrepresented in the political sphere despite their immense contributions to society.
Key Provisions of the Bill
1. Reserving 33% Seats: The primary provision of the bill is the reservation of one-third of the total seats in the Lok Sabha and State Legislative Assemblies for women. This is a substantial step toward achieving gender balance in these critical decision-making bodies.
2. Rotation of Reserved Seats: The bill proposes a rotation system for reserved seats. This means that constituencies reserved for women will change with each election, ensuring that different constituencies get the opportunity to elect female representatives over time.
3. Sub-Reservations for Scheduled Castes and Scheduled Tribes: The bill also ensures that the 33% reservation for women applies to Scheduled Castes and Scheduled Tribes within the women’s quota, addressing concerns about intersectionality and ensuring representation for marginalised communities.
The Legal Challenge
The claim that the immediate implementation of the Women’s Reservation Bill is illegal is based on the interpretation of Article 81 of the Indian Constitution, which defines the composition of the Lok Sabha. Article 81 states that the composition of the Lok Sabha should be in proportion to the population of each state, ensuring that each state has a fair representation in the lower house of Parliament. Critics argue that implementing the Women’s Reservation Bill without considering this proportionality could be seen as unconstitutional.
Moreover, there are concerns about the impact on the Scheduled Castes and Scheduled Tribes (SC/ST) communities. The opponents of immediate implementation argue that it might disrupt the existing reservation system for SC/ST communities. They believe that accommodating the 33% reservation for women might dilute the representation of these marginalised groups.
The Counterargument
Proponents of the Women’s Reservation Bill argue that it is essential to empower women in politics and ensure their active participation in decision-making processes. They believe that the bill is a necessary step to bridge the gender gap in politics and address the historic underrepresentation of women in legislative bodies.
To address the legal concerns, supporters suggest a comprehensive review of the constitution and the reconfiguration of the Lok Sabha seats to maintain the proportional representation required by Article 81. Additionally, they argue that it is possible to ensure adequate representation for SC/ST communities while implementing the 33% reservation for women.
The Echo 