106th Constitutional Amendment Act, 2023

India’s journey towards gender justice in politics took a historic leap with the passing of the Constitution (One Hundred and Sixth Amendment) Act, 2023, commonly known as the Women’s Reservation Bill or the Nārī Śakti Vandan Adhiniyam. This landmark legislation aims to reserve one-third of the seats for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.

For nearly three decades, the debate over women’s reservation has dominated the Indian legislative space. Several attempts to pass similar bills since 1996 ended in deadlock due to lack of consensus. Finally, in September 2023, this Amendment was passed by both Houses of Parliament with resounding support, marking a major victory for gender equality and inclusive governance in India.

What is 106th Constitutional Amendment Act, 2023?

The 106th Constitutional Amendment Act, 2023, also known as the Women’s Reservation Bill or Nari Shakti Vandan Adhiniyam, is a landmark legislation in India that reserves one-third (33%) of seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly. Passed in September 2023, the Act aims to improve women’s representation in legislative bodies, addressing a long-standing demand for gender equality in politics. 

The reservation includes seats already reserved for Scheduled Castes and Scheduled Tribes and will be implemented after the next census and subsequent delimitation exercise. The provision is set to last for 15 years, with the possibility of extension by Parliament, and marks a major step towards inclusive governance in India.

Historical Background of 106th Constitutional Amendment Act, 2023

Early Struggles for Representation

The demand for women’s political reservation is not new. Even at the time of the Constituent Assembly’s first session in December 1946, the presence of women was symbolic, with Sarojini Naidu being the sole woman in the first row. Over the years, the glaring underrepresentation of women in legislatures continued, raising questions about the democratic character of Indian institutions.

Attempts and Failures

• The first Women’s Reservation Bill was introduced in 1996 as the 81st Constitutional Amendment Bill.
• Between 1996 and 2023, at least six attempts were made in Parliament to reserve seats for women, but each failed due to dissolutions, political disagreements, and concerns over sub-quotas for OBCs and minorities.
• The most significant push before 2023 was in 2010, when the Rajya Sabha passed a similar Bill, but it lapsed in the Lok Sabha.

The Need for Reservation: Current Scenario

Despite making up nearly half the country’s population, women have remained grossly underrepresented in legislative bodies.

Key Statistics

• In the 17th Lok Sabha (2019–2024), women comprised less than 15% of the total MPs.
• In most State Assemblies, female representation remains below 10%.
• The 2019 Lok Sabha elections saw 716 female candidates, out of which only 78 were elected as MPs.
• This is an improvement from the first Lok Sabha (1952), which had just 5% women, but the numbers are still far from satisfactory.

Such statistics demonstrate that women’s voices are still not adequately heard in the country’s policy-making processes. The situation is similar or worse in several other assemblies, underlining the urgent need for institutional support to promote women’s participation.

The 106th Amendment: Legislative Journey

Introduction and Passage

• The Bill was introduced on 19 September 2023 in the Lok Sabha by the Union Law and Justice Minister, Arjun Ram Meghwal, during a special session.
• The Bill was the first to be discussed in the new Parliament building.
• On 20 September 2023, the Lok Sabha passed the Bill with 454 votes in favour and just 2 against (from All India Majlis-E-Ittehadul Muslimeen).
• The very next day, the Rajya Sabha passed it unanimously with 214 votes in favour and none against.
• The President of India, Droupadi Murmu, gave her assent on 28 September 2023. The same day, the Act was notified in the official Gazette.

A Long-standing Demand

The passage of the 106th Amendment is widely viewed as the culmination of a struggle spanning almost 27 years. The Bill is considered a collective victory for all political parties, women’s groups, and activists who kept the issue alive despite repeated setbacks.

Salient Features of the 106th Amendment

Reservation of Seats

• The Act provides for reservation of one-third (33%) of the total seats in the Lok Sabha, the Legislative Assemblies of all States, and the Legislative Assembly of the National Capital Territory of Delhi for women.
• This reservation also includes one-third of seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).

Duration and Extension

• The reservation is set for a period of 15 years from the date of implementation.
• However, Parliament has the power to extend this period through future legislation if it deems necessary.

Articles Inserted

To implement these reservations, three new articles were inserted into the Constitution:

• Article 330A: Provides for reservation of seats for women in the Lok Sabha.
• Article 332A: Provides for reservation of seats for women in State Legislative Assemblies.
• Article 239AA(6): Provides for reservation of seats for women in the Legislative Assembly of the NCT of Delhi.

Sub-Quota for SC/ST Women

The Amendment mandates that one-third of the seats reserved for SCs and STs must also be reserved for women belonging to these communities, ensuring intersectional representation.

Rotation of Reserved Seats

• The seats reserved for women will rotate among different constituencies after each delimitation exercise.
• The rotation process will be governed by a law made by Parliament.

Conclusion

The 106th Constitutional Amendment Act, 2023 stands as a watershed moment in the history of Indian democracy. By institutionalising women’s political representation, it promises not only to enhance the quality of governance but also to make Indian democracy more inclusive and participatory. The journey from demand to enactment has been long and arduous, reflecting the complexity of social change in a diverse country like India.

While the Act is not without its limitations, especially regarding sub-quotas and immediate implementation, it undoubtedly sets the stage for a more equitable future. The success of this historic reform will now depend on timely and fair implementation, proactive political will, and sustained efforts to empower women across all sections of society.