106th Amendment of the Indian Constitution - Women's Reservation Act

 106th Amendment of the Indian Constitution: A Step Toward Gender Inclusivity in Politics

The Women's Reservation Act, 2023, also known as the 106th Amendment of the Indian Constitution, is a landmark legislation aimed at enhancing women's representation in Indian politics. 

Signed into law by President Droupadi Murmu on September 28, 2023, this Act reserves one-third (33%) of seats in the Lok Sabha and state legislative assemblies for women, including seats reserved for Scheduled Castes (SC) and Scheduled Tribes (ST)

The 106th Amendment of the Indian Constitution, passed in September 2023, is a landmark decision aimed at enhancing gender representation in Indian legislative bodies. 

This amendment reserves one-third of all seats in the Lok Sabha (House of the People) and the state legislative assemblies, including seats for Scheduled Castes (SCs) and Scheduled Tribes (STs), for women. It is a significant move intended to empower women and increase their direct influence in decision-making processes across the country.

What is 106th Amendment of the Indian Constitution?

The 106th Amendment of the Indian Constitution, introduced in 2020, aims to enhance women's representation in the Indian political landscape by reserving seats for women in the Lok Sabha (House of the People) and State Legislative Assemblies. Here are the key features and implications of this amendment:

Key Features

1. Reservation for Women: The amendment proposes to reserve 33% of the total seats for women in the Lok Sabha and State Legislative Assemblies. This reservation is intended to provide greater political representation to women, addressing historical inequalities in political participation.

2. Amendment of Articles: The 106th Amendment seeks to insert new articles (like Article 330A for Lok Sabha and Article 332A for State Assemblies) into the Constitution to facilitate this reservation.

3. Rotational Reservation: The reserved seats for women will be subject to rotation in different constituencies after each delimitation exercise based on the census. This ensures that women have opportunities to contest in various regions over time.

4. Focus on Scheduled Castes and Scheduled Tribes: In addition to the general reservation for women, the amendment also stipulates that one-third of the seats reserved for Scheduled Castes (SC) and Scheduled Tribes (ST) in these legislative bodies will be allocated for women belonging to these communities.

5. Implementation Timeline: The reservation provisions under this amendment will come into effect after the first census conducted post-amendment and subsequent delimitation exercises.

Implications

• Enhanced Representation: This amendment is expected to significantly increase women's representation in legislative bodies, providing a platform for more diverse voices in governance.

• Political Empowerment: By ensuring that a substantial number of seats are reserved for women, the amendment aims to empower women politically, encouraging more participation in decision-making processes.

• Challenges to Passage: The 106th Amendment has faced various challenges and has been part of a broader debate regarding women's reservations in India, including discussions on intersectionality concerning women from different social backgrounds (like Other Backward Classes, or OBCs).

• Long-Term Vision: This amendment aligns with the ongoing efforts to achieve gender equality in various sectors of society, reinforcing the commitment to women’s rights and representation.

The 106th Amendment represents a significant step towards addressing gender disparities in Indian politics by reserving seats for women in legislative bodies. While the amendment aims to foster greater inclusion, its successful implementation will depend on further legislative processes and societal support for women’s empowerment in political spheres.

Women's Reservation Act

Nearly 30 years ago, the Indian Parliament introduced the 73rd and 74th Constitutional Amendment Acts. These laws aimed to create local self-governance institutions and required that at least one-third of the seats and the chairperson positions be reserved for women. 

They also included reservations for Scheduled Castes (SC) and Scheduled Tribes (ST) based on their population in each state. As a result, around 30 lakh elected representatives were created, with nearly half being women. The success of any constitutional reform depends on its ability to include diverse opinions and representation.

In 2009, the Central Government amended the Constitution to increase the reservation for women from 33% to 50% in local governments. Many states responded by reserving 50% of seats for women in their local governing bodies, allowing for better representation across different groups. 

The Women’s Reservation Act of 2023 is similar to the 2009 amendment, focusing on reserving seats for women but does not include reservations for Other Backward Class (OBC) women, only for SC and ST women.

Why Reserve Seats for Women?

Reserving seats for women in political bodies is essential for fostering gender equality and ensuring women's voices are heard in decision-making processes. Below are the some key reasons why this practice is important:

1. Promote Gender Equality: Reservation helps to address the historical imbalance between men and women in politics. By ensuring a minimum representation of women, it challenges the patriarchal structures that have dominated political spaces.

2. Empower Women: Reserved seats provide women with opportunities to participate actively in governance and decision-making, empowering them to influence policies that affect their lives and communities.

3. Diverse Perspectives: Women bring unique experiences and viewpoints to the table. Their inclusion in political discussions leads to more comprehensive and effective policymaking that considers the needs of all citizens.

4. Encourage Participation: Knowing that there are reserved seats can motivate more women to engage in politics, whether as candidates or voters. This can lead to increased civic participation and representation at all levels of government.

5. Combat Stereotypes: Reservation challenges traditional stereotypes about women's roles in society. It helps to normalize women's presence in leadership positions, encouraging younger generations to aspire to political careers.

6. Address Specific Issues: Women often face distinct challenges, such as healthcare, education, and violence. Having women in political roles ensures these issues are prioritized and addressed in legislative processes.

7. Role Models: Women in leadership positions serve as role models for other women and girls, inspiring them to pursue their ambitions and break barriers in various fields.

8. Equality in Resource Allocation: When women are represented in political bodies, they are more likely to advocate for equitable distribution of resources, leading to better outcomes for women and marginalized communities.

9. Legal and Constitutional Support: Many countries have recognized the importance of women's representation through laws and constitutional amendments, acknowledging that equality is a fundamental right.

10. Sustainable Development: Studies have shown that women's participation in politics is linked to better social and economic outcomes, contributing to the overall development and progress of society.

In summary, reserving seats for women is a vital step towards achieving gender equality, empowering women, and creating a more just and inclusive society.

Provisions of the 106th Amendment Act, 2023

To understand the impact of the 106th Amendment, let's look at its key provisions:

Section 1 of the 106th Amendment Act, 2023

This section names the Act as the Constitution (One Hundred and Sixth Amendment) Act, 2023. It states that the Act will take effect once the Central Government publishes it in the official gazette.

Section 2 of the 106th Amendment Act, 2023

This section introduces changes to Article 239AA, which outlines special provisions for Delhi (National Capital Territory). Originally, Article 239AA defined Delhi’s status and governance as follows:

• Delhi is called the National Capital Territory, with an appointed Lieutenant Governor as its administrator.
• Delhi has a Legislative Assembly with members elected from its constituencies, responsible for creating local laws and policies.
• Matters like the number of seats in the Assembly, seats reserved for Scheduled Castes (SC), and constituency boundaries are governed by laws made by Parliament.
• Articles 324 to 327 and 329 of the Constitution, which deal with elections and related matters, apply to Delhi just as they do to other states.

New Sub-clauses Added by the Amendment

The amendment adds sub-clauses (ba), (bb), and (bc) to further outline seat reservations for women in the Delhi Legislative Assembly:

• (ba) Seats will be reserved for women in the Delhi Legislative Assembly.
• (bb) One-third of the seats reserved for Scheduled Castes (SC) in Delhi must also be reserved for women.
• (bc) One-third of the total seats filled by direct election must be reserved for women, including seats for SC women, with the specific reservation process defined by Parliament.

These changes primarily affect the Delhi Legislative Assembly, created by the 69th Amendment. The 106th Amendment ensures that Delhi follows the same policy of reserving seats for women as other states, promoting fair representation. By reserving one-third of the SC seats for women and one-third of the total directly elected seats for women, this amendment encourages representation of various communities and identities in lawmaking bodies.

Section 3 of the 106th Amendment Act, 2023

This section introduces Article 330A, which reserves seats for women in the Lok Sabha (House of People):

1. One-third of seats for Scheduled Castes and Scheduled Tribes: A third of seats reserved for Scheduled Castes and Scheduled Tribes must also be reserved for women from these groups, where possible.
2. One-third of all seats filled by direct election: One-third of all Lok Sabha seats filled by direct election, including those reserved for SC/ST women, must be reserved for women.

The goal is to ensure that women, especially from marginalized communities, have a fair representation in the Lok Sabha.

Section 4 of the 106th Amendment Act, 2023

This section adds Article 332A, which provides similar gender-based seat reservations in State Legislative Assemblies:

1. One-third of SC/ST reserved seats for women: A third of seats reserved for SC/ST groups in state assemblies must be reserved for SC/ST women, where feasible.
2. One-third of all directly elected seats for women: One-third of all directly elected seats in state assemblies, including SC/ST women’s seats, must be reserved for women.

This ensures women’s representation in law-making bodies at both the central and state levels.

Section 5 of the 106th Amendment Act, 2023

This section introduces Article 334A, which clarifies the implementation details:

1. Timing of Implementation: The law will take effect after a census is conducted and a delimitation (boundary redrawing) process is completed, and only once current assemblies are dissolved.
2. 15-Year Duration: The reservation will last for 15 years from the law’s start date, unless extended by Parliament.
3. Rotation of Reserved Seats: Reserved seats for women will rotate among constituencies after each delimitation.
4. No Immediate Effect: The current assemblies and Lok Sabha remain unaffected until dissolved and reformed post-delimitation.

This section ensures a phased, structured implementation of women’s seat reservations.

Section 6 of the 106th Amendment Act, 2023

This final section clarifies that the amendment will not impact the current representation in the Lok Sabha, State Legislative Assemblies, or the Delhi Legislative Assembly until these bodies are dissolved and re-elected.

This "savings provision" prevents any disruption or confusion by ensuring the new rules only apply to future assemblies, avoiding operational issues with the current bodies.

History of Women's Representation in Indian Politics

The history of women's representation in Indian politics is marked by significant milestones, struggles, and gradual progress. Here’s an overview of this journey:

Pre-Independence Era

• Early Involvement: Women in India have historically participated in social reform movements, such as the abolition of Sati and the promotion of women's education. Prominent figures like Sarojini Naidu and Kamala Nehru emerged as leaders advocating for women's rights.

• Limited Political Rights: The British colonial era saw some advancements, with the Government of India Act 1919 allowing limited representation for women in legislative councils, albeit not in significant numbers.

• Formation of Women's Organizations: Groups like the All India Women's Conference (AIWC) and the National Council of Women in India were established in the early 20th century, promoting women's issues and rights.

Post-Independence Era

• Constitution of India (1950): The Indian Constitution guaranteed equality before the law and granted the right to vote to women on par with men. However, women were still underrepresented in political positions.

• First Woman in Parliament: In 1952, Sarojini Naidu became one of the first women elected to the Indian Parliament, serving as a symbol of women's potential in politics.

• Reservation for Women: The 73rd and 74th Constitutional Amendments (1992) mandated the reservation of one-third of seats for women in local self-governance bodies (panchayati raj institutions) and urban local bodies, significantly increasing women's political participation at the grassroots level.

21st Century Developments

• Women's Reservation Bill: The Women's Reservation Bill, proposed in 2008, aimed to reserve 33% of seats for women in the Lok Sabha (the lower house of Parliament) and State Legislative Assemblies. Despite being debated for years, the bill faced opposition and remained unpassed.

• Increasing Representation: Over the years, women's representation in Parliament and state assemblies has gradually increased. By 2020, women held about 14% of the seats in the Lok Sabha, reflecting a slow but steady upward trend.

• Rise of Women Leaders: Women like Indira Gandhi, Pratibha Patil, and Sonia Gandhi have held significant positions in Indian politics, inspiring many women to pursue political careers.

• Grassroots Movements: Women's organizations and movements continue to advocate for greater representation, gender equality, and policies addressing women's issues, including health, education, and safety.

Current Scenario

• Ongoing Challenges: Despite progress, women still face numerous challenges in Indian politics, including patriarchal attitudes, social barriers, and a lack of resources and support for female candidates.

• Need for Policy Reforms: Advocates for women's representation continue to push for the passage of the Women's Reservation Bill and other reforms to enhance women's participation in politics.

• Impact of Education and Awareness: Increased education and awareness about women's rights are gradually leading to a greater number of women participating in politics and public life.

The journey of women's representation in Indian politics reflects a mix of achievements and ongoing challenges. While significant strides have been made, continuous efforts are necessary to ensure that women have equal opportunities to participate in the political arena and contribute to the nation's development.

Key Recommendations of the Geeta Mukherjee Committee on Women's Reservation

The Geeta Mukherjee Committee, set up to build consensus on women’s reservation in the Lok Sabha and State Assemblies, made the following recommendations:

1. Review After 15 Years: The committee suggested reviewing the Act’s impact 15 years after its implementation to assess if the reservations should continue, treating it as a temporary measure rather than permanent.

2. Clearer Language: It recommended replacing "not less than one-third" with "as nearly as possible, one-third" to reduce ambiguity and ensure clear interpretation of the reservation quota.

3. Extending to Upper Houses: The committee proposed extending the reservation to the Rajya Sabha and State Legislative Councils. However, this was not included in the final Act, which applies only to the Lok Sabha and State Assemblies.

4. Reservation in Small States and Territories: For States and Union Territories with fewer than three seats, the committee suggested reserving at least one seat for women to ensure fair representation. This was adopted in the final Act.

5. Including Anglo-Indian Community Seats: It recommended that the rotation system should also apply to nominated Anglo-Indian seats, ensuring that one nominee would be a woman.

6. Inclusion of Delhi and Pondicherry: The committee recommended that Delhi and Pondicherry, both with Legislative Assemblies, should also have reserved seats for women.

7. Removal of Redundant Clause: The committee suggested removing a clause that restricted reservation in Assemblies with fewer than three seats, as no such states existed. This recommendation was included in the final Act.

These recommendations aimed to strengthen the bill and ensure broad, clear, and fair implementation across all representative bodies.

Key Objections to the Women’s Reservation Bill

The Women’s Reservation Bill faced several objections from lawmakers, which included technical issues and concerns over its core provisions:

1. Technical Errors: Critics pointed out that the bill excluded states with fewer than three assembly seats, which was unnecessary since no such state exists. Also, excluding Union Territories, some of which have assemblies, reduced the bill’s impact.

2. No Basis for the 33% Quota: Opponents questioned why one-third of seats were reserved without using demographic data. Since women make up half the population, they argued that 50% would be more appropriate.

3. Problems for Smaller States: For states like Goa and Sikkim, with only a few Lok Sabha seats, reserving a third of seats every term is challenging. A rotation system could help, but the final bill lacked a clear solution.

4. Exclusion of the Upper House: The bill only applied to the Lok Sabha and State Assemblies, not the Rajya Sabha or State Legislative Councils. Critics argued this limited women’s representation in decision-making since both houses play crucial roles.

5. No Set Timeline: Initially, the bill lacked a timeframe. It was later amended to review women’s reservations after 15 years, but critics wanted this from the start.

6. Complex Rotation System: The rotation of reserved seats every term, combined with overlapping quotas for women from Scheduled Castes and Tribes, was seen as confusing and difficult to implement. There were concerns that this system might discourage representatives from long-term work in their constituencies.

These objections highlighted practical and structural issues that needed addressing to make the bill more effective and fair.

Objections to Women's Reservation

Several concerns have been raised against the idea of reserving seats for women in politics:

1. Traditional Roles: Critics argue that women are often seen only as daughters, mothers, and caregivers, making it hard for them to gain real power in politics. Even if women enter political roles, their voices may still be dominated by male family members, leading to dynastic politics where men control female candidates from their families.

2. Threat to Unity: Some opponents believe that reserving seats for women could create divisions in politics, which is already a contentious area. They argue that sex shouldn't be the only factor in reservations and should include other social identities. However, the bill already accounts for both caste and gender in its provisions, which aims to support women from Scheduled Castes and Scheduled Tribes.

3. Upper Caste Dominance: There's a concern that reserved seats might be filled mainly by upper-caste women, limiting opportunities for women from Scheduled Castes and lower classes. However, this problem affects all political seats, not just those reserved for women. While some argue for including OBC women in the reservation system, the current bill focuses only on SC and ST women.

4. Patriarchal Mindset: Many women face opposition from their families due to traditional beliefs about gender roles. In both rural and urban areas, women often juggle work and household duties, which can deter them from pursuing political careers. Critics worry that men will support female relatives in politics, using them as figureheads rather than allowing them to lead independently. However, there are many examples of strong female leaders who have made significant contributions to society.

5. "Ghettoisation" of Women: Some feminists argue that reserving seats for women might create rivalry among them rather than fostering collaboration for common goals. This division could weaken women's collective efforts to bring about change.

6. Narrow Representation: Critics say that creating separate constituencies for women might limit their political perspectives and representation. They argue that women's interests should align with societal interests rather than being seen in isolation. Empowering women in all areas, including politics, ultimately benefits society as a whole.

7. Demand for Reservations by Other Groups: There are fears that if women are given reservations, other groups will also demand similar treatment, leading to political unrest and divisions. Additionally, once reservations are granted, it can be challenging to revoke them, resulting in long-lasting changes to the political landscape.

8. Perception of Inequality: Some believe that providing reservations may lead to women being viewed as less equal to men in politics. However, the reality is that women have long been at a disadvantage. Rather than creating inequality, reservations serve as a necessary corrective measure to address historical injustices faced by women.

Overall, these objections highlight the complexities surrounding the implementation of women's reservations in politics and the need for thoughtful solutions to empower women effectively.

Key Highlights of the 106th Amendment of the Indian Constitution

1. Women’s Reservation: The amendment mandates that one-third of the total seats in the Lok Sabha and state legislative assemblies be reserved for women. This includes seats reserved for SC and ST categories, ensuring a proportionate and inclusive approach.

2. Empowering Local Communities: This reservation is expected to empower women at both national and state levels, giving them a more robust platform in politics, where they have traditionally been underrepresented. By fostering female political participation, the amendment aims to enhance the diversity and inclusivity of legislative decisions, promoting a more balanced approach to addressing public issues.

3. Constitutional Framework and Rationale: The 106th Amendment builds upon past initiatives like the 73rd and 74th Amendments, which introduced reservations in local bodies for women, to ensure political representation at the grassroots level. With this expansion to higher legislative bodies, the amendment seeks to address systemic gender disparities that have hindered women’s representation in higher political roles.

4. Impact and Anticipations: With nearly half of India's population comprising women, the increased representation is anticipated to lead to policy decisions that better reflect the needs of women and promote gender equity. This shift is expected to inspire more women to engage in politics, further strengthening democratic participation and promoting more inclusive governance.

Historical Context of Constitutional Amendments in India

India’s Constitution has been amended multiple times to address evolving societal needs. Past amendments, such as the 73rd and 74th, focused on local self-governance through Panchayati Raj and urban municipal bodies. 

Similarly, the 105th Amendment restored states’ power to identify socially and educationally backward classes, reflecting a commitment to an adaptable governance structure that can address varying needs over time.

The 106th Amendment is a crucial continuation in this tradition, aiming not only to empower women in government but also to promote policies that are inclusive and representative of India’s diverse population. 

It sets a precedent for other nations striving for gender equality in governance and provides a platform for women to contribute directly to national policy-making.

This amendment represents a progressive step toward making India’s democratic system more inclusive, potentially catalyzing reforms that address broader gender-based disparities in various sectors, from education and healthcare to employment and safety. By institutionalizing gender representation, the 106th Amendment aligns with India’s commitment to achieving greater equality, both socially and politically.