The Constitution (One Hundred and Twenty-Eight Amendment) Bill, 2023.

Introduction

Reservation is the most controversial topic of our nation, some of us favour it and some are
against it. According to its supporters, reservation will uplift the vulnerable or weaker section
of the society but those who are against it, argue that initially reservation was introduced for
only 10 years but it is extended every 10 year and now it become more a kind of vote bank. If
we talk about reservation for women than, for the first time in 1993 through 73 rd and 74th
Amendments one-third seats were reserved for women. Our Constitution under Article 15
and 16 provides for reservation of seats in Lok Sabha and State legislative assemblies for SCs
and STs. Before the 2023 amendment, the constitution does not provide for reservation of
seats for women in any rule making wing of India as the decision-making authorities in
political parties have negligible presence of women. In past, many attempt were made in the
year 1996, 1998, 1999, and 2008 in order to reserve seats for women in parliament and state
legislative assemblies. The first three bills lapsed with dissolution of their respective lower
house but the 2008 bill was introduced and passed by upper house and unfortunately lapsed
due to dissolution of 15th Lok Sabha. All these bills were examined by standing committee
and they proposed to reserve seats for women for next 15 years. In sept 2023, a bill which
now become an act was introduced to reserve 1/3 seats for women in Lok Sabha and
legislative assemblies.1

Background

India has now completed its 76 years of independence but still our nation can observe a low
representation of women in parliament and state legislative assemblies. The demands for
reservation for women in rule making wings was visible since the debate on reservation for
weaker section was started in constituent assembly. India raised awareness of gender
inequality in 1975 when it submitted a thorough report on the "Status of Women in India" to
the United Nations. In a society that is firmly patriarchal, women experience a variety of
types of discrimination, and their participation and involvement in politics have historically
lagged. These findings were highlighted in this paper. Furthermore, studies like the National

1
https://prsindia.org/billtrack/the-constitution-one-hundred-twenty-eighth-amendment-bill-2023
Perspective Plan for Women (1988), the Ashok Mehta Committee (1978), and the Balwant
Rai Mehta Committee (1957) supported the concept of enacting a quota system to increase
women's participation in policymaking. If we talk about reservation for women than, for the
first time in 1993 through 73rd and 74th Amendments one-third seats were reserved for
women. Many attempts were made in the year 1996, 1998, 1999, and 2008 in order to reserve
seats for women in parliament and state legislative assemblies, but all of them are
unsuccessful.2

Key Importance of the bill

 Women's reservation: The Bill allocates, as nearly as possible, one-third of all seats in
the Lok Sabha, state legislatures, and the National Capital Territory of Delhi's
Legislative Assembly to women. This will likewise hold true for the Lok Sabha and
state assembly seats set aside for SCs and STs.
 Start of reservation: The reservation will take effect following the publication of this
Bill's commencement, which will occur after the census. Delimitation will be done
in order to reserve seats for women based on the results of the census. The 15-year
reservation period will be offered. Nonetheless, it will last until the date specified by
a bill passed by Parliament.
 Rotation of Seats: Following each delimitation, seats designated for women will be
rotated as per the law in force.

Objective of the bill

A group's power to shape policy is constrained if it is not fairly represented in the political
system.8. Discrimination against women must end in public and political life, according to
the Convention on the Elimination of All Forms of Discrimination Against Women. Despite
being a signatory to the Convention, India has not stopped discriminating against women's
presence in bodies that make decisions. Although the proportion of female MPs has climbed
from 5% in the first Lok Sabha to 15% in the 17th Lok Sabha, it is still very low. Women
elected under the reservation policy invest more in public goods that are closely related to
women's problems, according to a 2003 study on the impact of reservation for women in
panchayats. The Standing Committee on Personnel, Public Grievances, Law and Justice
(2009) observed that women's seat reservations in local governments have allowed them to
2
https://www.swaniti.com/research-analysis/analysis-of-the-constitution-one-hundred-and-twenty-eighth-
amendment-bill-2023/
contribute significantly. It also mentioned how unfounded the worries that women would
serve as men's stand-ins in local bodies had proven to be. Legislative quotas have been
identified as a critical factor influencing women's representation by the Inter-Parliamentary
Union (2022). The argument put forth by opponents of the reservation policy is that having
separate constituencies for women would not only limit their opportunities, but also
perpetuate their status as inferiors as it would be assumed that they are not competitive. 3

What rotating constituencies means

According to the Bill, following each delimitation exercise, reserved seats will be distributed
through rotation. This means a rotation of about ten years, as after 2026, delimitation will
have to happen after each census. The rotation of reserved seats may lessen the motivation for
Members of Parliament to serve their communities because they may not be able to run for
office again. According to a study conducted by the Ministry of Panchayati Raj, rotation of
constituencies at the panchayat level should be halted because nearly 85% of women were
elected for the first time and just 15% were eligible for re-election because their seats were
not reserved.

Challenges

 Delay: These requirements mean that women's reservation in the Lok Sabha might not
be fully implemented before the general elections in 2029. The delimitation process
was put on hold by the 42nd Amendment until the first Census after 2000 was
released. This was further extended for a further 25 years in 2001. And as of right
now, delimitation would take place following the publication of the first Census
results in 2026.
 Requirements for clarification: The Bill proposes to reserve one-third of the seats in
state assemblies and parliament for women. It doesn't, however, say how these seats
will be recognised.
 Legislative necessity: This proposed constitutional change is enabling. Stated
differently, it will give the government the authority to pass legislation for its
execution. Therefore, it is anticipated that the government would introduce a separate
law to address seat determination.

3
https://prsindia.org/files/bills_acts/bills_parliament/2023/Constitution_(128th_Amendment)_Bill_2023.pdf
  Politics as a vocation for men : Women are discouraged from entering politics on the
grounds that it is not a "feminine" field. Politics is frequently perceived as a
masculine domain. Elections were frequently forced upon female candidates as
"namesakes" for their husbands.

What Do the Bill's Opponents Say?

Women do not form a cohesive community akin to a caste system. Consequently, women
cannot be justified by the same justifications used for caste-based reservations. Some argue
that the Constitution's promise of equality is violated by reserving seats for women. They
contend that if there is a reserve, women won't be competing on the basis of merit, which
would lower their social standing.

Personal Opinion

 Gender Equality: Having more women in elected office is a critical first step in
achieving gender equality.
 Historical Underrepresentation: The proportion of female Members of Parliament has
risen from 5% in the first Lok Sabha to 15% in the 17th Lok Sabha, although it is still
relatively low. Women elected under the reservation policy invest more in public
goods that are closely related to women's problems, according to a 2003 study on the
impact of reservation for women in panchayats. According to the Standing Committee
on Personnel, Public Grievances, Law and Justice (2009), women have been able to
make significant contributions since seats in local bodies have been reserved for them.
 Empowerment of Women: Women are empowered on a number of levels by the
presence of women in politics. In addition to inspiring more women to enter the
political sphere, it also motivates them to assume leadership positions in other fields.
 Promotion of Women's problems: Women in politics frequently give top priority to
and actively support problems that have a direct impact on women, including
economic empowerment, women's health, education, and gender-based violence.
These issues may become more important in policy talks as a result of their presence.
 Role Models: Young girls can be inspired to aspire to leadership roles in a variety of
disciplines by the example set by women in politics. Politicians' representation has the
power to dispel prejudices and motivate next generations, like former Smt. Indira
Gandhi and former external minister Smt. Sushma Swaraj.
Conclusion

A big step in the direction of empowering women in Indian politics has been taken with the
introduction of the Constitution 128th bill in 2023. Its efficacy is contingent upon the timely
conclusion of the delimitation process, and there is ongoing discussion on the best way to
identify reserved seats. However, this measure shows a persistent dedication to advancing
gender parity throughout India's democratic establishment. In order to build a more inclusive
and equitable society, reservations for women in politics should be a part of a larger plan that
tackles cultural norms, education, economic empowerment, and social transformation.
Reserves for women in politics can be a useful weapon in combating patriarchy and
promoting gender equality. Furthermore, the effectiveness of these policies varies and is
dependent on a number of variables, including how they are formulated and put into practise.
This reservation in rule making wing will other women as well to participate in decision-
making and to elevate themselves beyond the veil. A country like India where husband
consider his wife as chattel this reservation is really important to uplift this weaker section of
society. In my point of view, it is a good step for women empowerment.