Indian states such as Jharkhand, Maharashtra, Uttarakhand, Kerala, Tripura, and Chhattisgarh have gone on to reserve 50 % of their Panchayat seats for women to ensure their greater participation in public matters. Though recognition has been given to women to some extent as far as their representation at the grassroots level is concerned, deficiencies persist in women's representation in the upper tiers of the government in India. For instance, in 2019, India ranked 148th in terms of the percentage of women representatives within national parliaments across the world. India is the most populous democracy in the world, and there was an urgent need for reform in this matter. [1]

The Women Reservation Bill is considered a key legislative move that addresses the age-long political underrepresentation of women. This law aims to resolve the past unequal treatment that women have received in politics by dictating that they occupy some reserved positions in the legislature. This legislative action is very important in bridging the gap between men and women and enabling them to play an active role when choices are being made. It is seen as a major step towards gender parity and therefore has the potential to give women power and make their voices heard in legislative houses. Nevertheless, amid rejoicing over this historic law, another view asks whether or not it serves as an equalizer without limits.

The attempt to reserve political seats for women in leadership is met with significant difficulties which include tokenism whereby mere presence may not translate into significant empowerment; a backlash or opposition from long-standing power institutions as well as conservative forces that obstruct both its adoption and enforcement; intersectionality-related compounded challenges of marginalized women that have remained unaddressed; this may result into giving priority to only a few privileged women thus leaving out others; along with partial effects in dealing with patriarchy.

The Women's Reservation Bill represents a crucial milestone in advancing gender equality in politics, its true impact on the position of women in political representation hinges on addressing these deeper-rooted issues and ensuring that women from all backgrounds have genuine opportunities to contribute and lead in governance.

Historical Development
The bill's journey began on September 12, 1996, when it was introduced in the Lok Sabha by the United Front government of H.D. Deve Gowda. The bill called for reserving 33% of the seats in the Lok Sabha and all state legislative assemblies for women. As per the draft, the seats were to be reserved for women on a rotation basis and would be determined by draw of lots, in such a way that a seat would be reserved only once in three consecutive general elections. It said the reservation of seats for women would cease to exist 15 years after the commencement of the Amendment Act.

The bill, however, failed to get the approval of the House then and was instead referred to a joint parliamentary committee. The committee submitted its report to the Lok Sabha two months later. In 1998, Atal Bihari Vajpayee, who headed the first National Democratic Alliance government, reintroduced the Bill in the Lok Sabha. After Vajpayee's law minister, M. Thambidurai introduced it in the house, a Rashtriya Janata Dal (RJD) MP snatched it from the speaker and tore it into bits.[2]

Thereafter, the Bill lapsed and was reintroduced – in 1999, in 2002 and 2003.

In 2008, the UPA government finally introduced the Bill in the Rajya Sabha and was later referred to the Parliamentary Standing Committee, which recommended passing the Bill in its present form without any delay. In 2010, the Rajya Sabha passed the Bill by over a two-thirds majority. However, due to differences within the UPA and even within the Cabinet, the Bill was never brought to Lok Sabha, and it lapsed with the dissolution of the 15th Lower House.

The Constitution (One Hundred and Eighth Amendment) Bill, 2023 was introduced in Lok Sabha on September 19, 2023. The Bill seeks to reserve one-third of the total number of seats in Lok Sabha and state legislative assemblies for women. The Bill also seeks to reserve one-third of the total seats reserved for the Scheduled Castes (SCs) and Scheduled Tribes (STs) for women belonging to SCs and STs, by inserting Article 330A in the Constitution of India.

Women's Reservation (106th Amendment) Act, 2023

The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 was introduced in Lok Sabha on September 19, 2023. The Bill seeks to reserve one-third of the total number of seats in Lok Sabha and state legislative assemblies for women[3]. The statement of the objects and reasons for the bill stated that this bill aims "To enable greater participation of women as a public representative in policy-making at State and national level, it is decided to introduce a fresh legislation for Constitutional amendment to provide for, as nearly as may be, one-third of total seats in the House of the People, the legislative assembly of every State and the Legislative Assembly of the National Capital Territory of Delhi to be reserved for women."[4]

Key Points:

• Reservation for women: The Bill reserves, as nearly as may be, one-third of all seats for women in Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. This will also apply to the seats reserved for SCs and STs in Lok Sabha and state legislatures.
• Commencement of reservation: The reservation will be effective after the census conducted after the commencement of this Bill has been published. Based on the census, delimitation will be undertaken to reserve seats for women. The reservation will be provided for a period of 15 years. However, it shall continue till such date as determined by a law made by Parliament.
• Rotation of seats: Seats reserved for women will be rotated after each delimitation, as determined by a law made by Parliament.

The 106th Constitution (One Hundred and Sixth Amendment) Act, 2023, also known as the Nari Shakti Vandan Adhiniyam (Women's Empowerment Act). This Act successfully amended the Indian Constitution to reserve one-third of all seats in the Lok Sabha (lower house of Parliament) and state legislative assemblies for women. The aforementioned amendment was enacted to increase women's participation in Indian politics by mandating reserved seats. Reservation will be implemented after the results of the next census conducted after the Act's enactment. There might be a rotation system for reserved seats after each delimitation process. The Act currently has a lifespan of 15 years, with potential extension subject to further parliamentary action.

Limitations:

• Need for Reservation for Women of Other Backward Classes: There are certain provisions in the Constitution providing for the upliftment of OBCs, to further the idea of social justice. Similarly, various governments have also implemented schemes for the advancement of OBCs, but with little or no effect.
  
  On the recommendation of the Mandal Commission, the central government granted 27% reservation to persons belonging to OBCs in educational institutions and public sector jobs. This 27% reservation was upheld by the Supreme Court in Indira Sawhney v. Union of India (1992).
  
  There is a dire need for the addition of OBCs in the reservation for women as the upliftment of a class may only be achieved by providing upliftment to the ones who are representing that particular class. The proposed Bill had the chance to incorporate a quota for OBC women in the 33% reservation.
   
• Need for reservation for Muslim women: As per the Sachar Committee Report, 2006, 40.7% of Muslims are OBCs, which is 15.7% of the total OBC population of the country. The report states, "The abysmally low representation of Muslim OBCs suggests that the benefits of entitlements meant for the backward classes are yet to reach them." According to the 2011 census, the literacy rate of Muslim females is only 51.9%, which is lower than all other religious communities and is even lower than the national average for females, i.e., 65.46%.

The educational status of Muslim women in India is worse as compared to Muslim men, and women of other communities. They have the lowest work participation rate. Also, Muslim women who have the sole responsibility of earning and taking care of their families are sometimes compelled to take up small contractual roles or gig employment to maintain sustenance. A proper representation of Muslim women may help address the issues of literacy, unemployment, and backwardness in a better manner. The Women's Reservation Bill is a missed opportunity to extend social justice to Muslim women, empowering them and increasing their representation.

It was a great opportunity to address the issue of discrimination and injustice faced by Muslims, by at least giving a sub-quota to Muslim women. If Muslim women from OBCs are given the same reservation as women from SCs and STs within the proposed one-third reservation for women in the Lok Sabha and state assemblies, it could be based on the caste backwardness of women in a particular community rather than religion.

Delimitation Exercise
The implementation of the 106th Amendment in the Constitution through Women's Reservation means can only be implemented after the exercise of 'delimitation' is undertaken for this purpose which depends entirely upon the upcoming due census. The 2021 Population census had been postponed due to the pandemic and it has now been pushed further due to other factors. The proposal of delimitation exercise has been reasoned by the government to occur after the census so that a quasi-judicial body called as Delimitation Commission.

An estimated increase of 30% in the country's population since the last census of 2011 necessitates the conduct of a delimitation procedure so that seats in the House of People or Lok Sabha may be increased proportionately. There is an approximate increase of 210 seats over the 543 seats in the current Lok Sabha.[9] This exercise is crucial as it involves the process of redrawing the boundaries of parliamentary and assembly constituencies to accommodate the proposed reservation of seats for women. This will ensure fair representation is given and equal opportunities for women are reserved in the political sphere.

Currently, the division of constituencies depends upon the 2001 census of population in India which is 23 years behind of now. With new reservations proposed for women, new constituencies will be demarcated and additional seats to be accommodated thereby. This can be done by the President of India, who is responsible for appointing a proper delimitation commission, which in turn would act upon the latest data and reformed provisions in the constitution of India.

Whenever this exercise is undertaken, along with the implementation of the Women's Reservation Act, the political representation of women will significantly increase in the Parliament of India, to witness a gender-balance political landscape, which empowers women and upholds their participation in decision-making power.

However, what's significant to note is, that it is a resource and time-consuming process. As it depends highly on the census of the population, which has been postponed indefinitely by the government, there is little hope of it being done recently[10]. Delimitation may take from months to years, and there are chances that reservation of 33% seats for women may only be seen in or after the 2029 Lok Sabha Elections which in turn is concerning by itself. As there is a lack of proper representation of opposition in the parliament, there are apprehensions of the government reserving seats of remaining opposition members for women leading to huge turnover of the autonomy of the ruling party.

The delimitation exercise is a critical step towards implementing the Women's Reservation Act in the Indian Parliament. It involves redrawing constituency boundaries to accommodate the proposed 33% reservation of seats for women. The Delimitation Commission considers factors like population distribution, geography, and demographics to ensure fair representation and uphold the "one person, one vote" principle. While challenges exist, successful delimitation paves the way for increased political participation of women, promoting gender equality and inclusivity. This landmark legislation empowers women to have a stronger voice in decision-making processes, creating a more just and equitable society.

Conclusion
This landmark legislation of The Women's Reservation (106th Amendment) Act, 2023 aims to address the long-standing issue of political under representation of women in the Indian Parliament and state legislative assemblies by reserving one-third of the seats for them. The path towards enacting this law has been a long and arduous one, with the Bill being introduced and lapsing multiple times since 1996. Finally, in 2023, the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, also known as the Nari Shakti Vandan Adhiniyam (Women's Empowerment Act), successfully amended the Indian Constitution to reserve one-third of all seats in the Lok Sabha (lower house of Parliament) and state legislative assemblies for women.

While this is a significant step towards achieving gender parity in political representation, the true impact of the legislation hinges on addressing its limitations and ensuring effective implementation. One key limitation is the lack of reservation for women belonging to Other Backward Classes (OBCs) and the Muslim community, who face compounded challenges due to the intersectionality of gender and socioeconomic factors. Providing a sub-quota for these marginalized groups within the proposed one-third reservation could have furthered the cause of social justice and addressed the issue of discrimination faced by these communities.

Moreover, the implementation of the Women's Reservation Act is contingent upon the delimitation exercise, which involves redrawing the boundaries of parliamentary and assembly constituencies to accommodate the additional reserved seats for women. This exercise is crucial to ensure fair representation and equal opportunities for women across different regions and communities. However, the delimitation process is a time-consuming and resource-intensive endeavor, as it relies on the latest census data, which has been indefinitely postponed by the government.

The delay in conducting the census and the subsequent delimitation exercise raises concerns about the timely implementation of the Women's Reservation Act. It is possible that the reservation of 33% seats for women may not be realized until the 2029 Lok Sabha Elections or even later. This prolonged delay is concerning, as it perpetuates the existing gender imbalance in political representation and undermines the spirit of the legislation.

Furthermore, there are apprehensions that the ruling party may exploit the delimitation process to reserve seats of remaining opposition members for women, potentially leading to a significant turnover and consolidation of power. Such concerns highlight the need for transparency, accountability, and impartial oversight during the delimitation exercise to maintain the integrity of the democratic process.

In conclusion, while the Women's Reservation Bill is a commendable step towards promoting gender equality and empowering women in Indian politics, its true impact will depend on addressing the limitations and ensuring a fair and timely implementation process. Incorporating reservations for marginalized women, expediting the delimitation exercise, and maintaining transparency and impartiality are crucial factors that will determine the success of this landmark legislation in achieving its intended goals of increasing women's political representation and fostering a more inclusive and equitable society.

End Notes:

1. Prarthana Sen, The time has come for Women's Reservation Bill to be passed by Parliament, The Leaflet, available at: https://theleaflet.in/the-time-has-come-for-the-womens-reservation-bill-to-be-passed-by-parliament/ (Last visited on April 30, 2024).
2. Twenty-Seven Years in the Making, a Guide to the Women's Reservation Bill's Tortuous History, The Wire, available at: https://thewire.in/gender/womens-reservation-bill-in-lok-sabha (last visited May 1, 2024).
3. PRS India, available at: https://prsindia.org/billtrack/the-constitution-one-hundred-twenty-eighth-amendment-bill-2023?search-box=criminal+law+amendment+bill (last visited on May 1, 2024).
4. PRS India, The Constitution (128th Amendment) Bill, 2023 (prsindia.org, 2023).
5. Indira Sawhney v. Union of India, AIR 1993 SC 477.
6. Government of India, Social, Economic and Educational Status of the Muslim Community of India (Prime Minister's High-Level Committee, Cabinet Secretariat, 2006).
7. Mohammad Anas, Women's Reservation Bill: A missed opportunity for OBCs and Muslim women, available at: https://theleaflet.in/womens-reservation-bill-a-missed-opportunity-for-obcs-and-muslim-women/ (Last visited on May 2, 2024).
8. Firdaus Bano, Educational Status of Muslim Women in India: An Overview, IOSR Journal of Humanities and Social Science (2017).
9. Women Reservation Act, 2023 - Women in Politics, Drishti IAS, available at: https://www.drishtiias.com/to-the-points/Paper2/women-reservation-act-2023-women-in-politics (last visited May 3, 2024).
10. Vijaita Singh & Sreeparna Chakrabarty, Census a must for women's reservation Bill to become reality, The Hindu, 19 September 2023, section India.

Also Read:

• Women's Reservation Bill: Necessity And Benefits