Following the elections, “a census would be conducted to put the women’s reservation bill into effect”, according to Union Home Minister Amit Shah‘s statement on Wednesday. He also dismissed concerns about a potential delay in the bill’s execution, stating that the delimitation will be implemented by the incoming administration shortly after the 2024 Lok Sabha elections. Shah questioned those who opposed the women’s reservation bill’s introduction and timeliness, asking, “If one-third of the seats are to be allocated for female MPs, then who would decide those seats? Transparency is the issue at hand. Nobody ought to choose a side.
“Some individuals on social media are suggesting that because there is no quota for Muslims and OBCs, this measure shouldn’t be supported. If you oppose this law, when will a reservation be made? At the very least, there will be a guarantee if you approve this law,” he said. “A Supreme Court judge, a representative of the Election Commission, and one representative from each political party will be part of the delimitation commission, as the law mandates,” stated Amit Shah. About the Women’s Reservation law, Amit Shah expressed support, saying, “The bill will ensure the participation of women in the decision-making and policy-making in the country.
Women’s Reservation Bill 2023
The Constitution of India, including the 73rd and 74th Amendments, provides for the reservation of seats in panchayats and municipalities for women. However, the Constitution does not include women in the Lok Sabha and state legislative assemblies. The Constituent Assembly has opposed this, with only 15% of the 17th Lok Sabha members being women. The 2015 Report on the Status of Women in India recommended reserving at least 50% of seats for women in local bodies, state legislative assemblies, Parliament, ministerial levels, and all government decision-making bodies. The National Policy for the Empowerment of Women (2001) also suggests reservations in higher legislative bodies.
The Constitution has been amended several times to reserve seats for women in Parliament and state legislative assemblies. The first three Bills lapsed with the dissolution of their respective Lok Sabhas, while the 2008 Bill was passed by the Rajya Sabha but also lapsed with the 15th Lok Sabha. Both Committees agreed on the proposal, with recommendations including considering reservations for women belonging to other backward classes, providing 15-year reservations, and working on modalities to reserve seats in Rajya Sabha and state legislative councils.
The goal of the 2023 Women’s Reservation Bill
The Lok Sabha and Parliament in India have made efforts to eradicate gender-based discrimination in political and public spheres, but the representation of women in decision-making bodies remains low, despite constitutional amendments aiming to reserve seats for women in Parliament and state legislative assemblies.
The present case, involving the Rajya Sabha and the Supreme Court, will require adherence to the Triple Test, which was established in the previous three Bills that expired when their respective Lok Sabhas dissolved, highlighting the ongoing legal battle.
Benefits of the 2023 Women’s Reservation Bill
The Bill called for adding Article 330A to the constitution, which takes its cue from Article 330, which guarantees seats to SCs and STs in the Lok Sabha. According to the Bill, seats earmarked for women may be distributed to various state or union territory districts in a rotating manner. The Bill proposed designating one-third of the SC/ST seats as designated for women, with a rotational system.
Women’s Seat Reservation in State Legislative Assemblies: The Bill presents Article 332A, which requires that women’s seats be reserved in each state legislative assembly. Furthermore, women must be given preference for one-third of the seats set aside for SCs and STs as well as one-third of the seats filled by direct elections to the Legislative Assemblies. Women’s Reserve in the National Capital Territory of Delhi (New Clause in 239AA): The Union Territory of Delhi is given unique status as the nation’s capital concerning its legislative and administrative operations under Article 239AA of the constitution.
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