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GS Paper: Parliament & State Legislatures

  • Women’s Reservation Bill: A Fresh Start

    What’s the news?

    • The recently released 17th edition of the Global Gender Gap Report (2023) predicts it will take 131 years to close the global gender gap, rising to 149 years in South Asian countries, including India.

    Central idea

    • The recently released Global Gender Gap Report by the World Economic Forum, based on data from 146 countries, paints a grim picture. In light of this sobering reality, it is evident that affirmative action in the form of reservation is an essential step towards achieving gender equity and, ultimately, gender equality.

    Reservation: An Effective Tool for Equality?

    • Equality through Equity: Equity is the initial and essential step toward achieving true equality. In a world where gender discrimination has persisted for centuries, equitable policies like reservations are indispensable. They provide women with the opportunities they have long been denied and help level the playing field.
    • Affirmative Action through Reservations: Reservations are undeniably one of the most effective forms of affirmative action aimed at rectifying historical injustices and promoting equity. It serves as the cornerstone for achieving gender equality and is integral to dismantling deeply entrenched societal biases.
    • Inefficiency and incompetency Misconceptions: Critics claim that reservations result in inefficiency, but this assertion lacks evidence; competency gaps, if any, are temporary and can be overcome through skill development and experience for marginalized individuals, including women.
    • A Level Playing Field: Women are not seeking to compete against their own gender; instead, they aspire to operate in an environment where gender becomes entirely irrelevant, where meritocracy triumphs over discrimination.
    • Challenging the Competency Argument: Women consistently outperform men in academics, with higher college graduation rates and increasing representation in the workforce. The glaring gender gap emerges in leadership positions, not due to women’s incompetence but because entrenched male hegemony persists.

    Notable examples: Complexities of Gender and Leadership

    • Indira Gandhi’s Delayed Leadership: Despite her significant political advantages and early involvement in politics, Indira Gandhi did not become Prime Minister immediately after Jawaharlal Nehru’s death in 1964. She had to wait until the passing of Lal Bahadur Shastri in 1966 to assume the role.
    • Historical Opposition to Gender-Based Reservations: During the 1930s Round Table Conference in London, prominent women leaders like Sarojini Naidu and Begum Jahanara Shahnawaz presented a joint manifesto. They rejected the idea of providing either discriminatory or preferential treatment based on gender in legislative representation, indicating their opposition to gender-based reservation policies.
    • Diverse Perspectives Within the Women’s Movement: Begum Jahanara Shahnawaz and Radhabai Subbarayan advocated for a modest five percent reservation for women, while Sarojini Naidu opposed such reservations.

    A Fresh Start: Women’s Reservation Bill

    • Historic Moment: The Women’s Reservation Bill, Constitution (One Hundred Twenty-Eighth Amendment) Bill, 2023, cleared both Houses in September 2023, marking a historic achievement in India.
    • Delayed Gender Equality: Despite early universal adult suffrage, women’s role in shaping Indian politics has remained minimal, highlighting the significance of this legislation.
    • Global Youthful Leaders: In a trend of younger political leaders worldwide, questions arise about the potential for an ordinary Indian woman to aspire to the Prime Minister’s office, as seen in leaders like Jacinda Ardern.
    • Undervalued Women’s Leadership: While women are often recognized in supportive roles, their presence in leadership positions remains limited, as evident in the case of Hillary Clinton, whose qualifications were overshadowed by an inexperienced male opponent in a prominent democracy.

    Regressive Views and Misconceptions

    • Regressive Views on Gender Equality:
    • One of the most significant obstacles to gender equality is the presence of regressive views held by both men and women.
    • Even individuals who are considered progressive, like C. Rajagopalachari, have opposed women like Radhabai Subbarayan from contesting general seats.
    • Misconceptions about the Women’s Reservation Bill:
    • Mulayam Singh’s accusation in Parliament in 2010 further illustrates the challenge. He argued that the earlier version of the Women’s Reservation Bill would primarily benefit educated, urban, and elite women.
    • However, this viewpoint failed to recognize that the bill’s core objective was to provide opportunities for women who did not belong to privileged and elite classes.

    Changing landscape

    • The Prolonged Gender Gap: The persistence of regressive views and misconceptions has contributed to the enduring gender gap. Women have had to wait for an extended period to close this gap. The current Women’s Reservation Bill is considered the first step toward achieving gender parity.
    • Desire for Expedited Implementation: There is a hope that the implementation of the Women’s Reservation Bill will be expedited by readjusting seats based on the 1991 Census data, similar to the process followed for Scheduled Caste seats by the Delimitation Commission.

    Conclusion

    • The Women’s Reservation Bill is the first step toward achieving gender parity in India. It is time to correct historical wrongs, as women and society as a whole demand and deserve change. There is no reason to delay the journey towards true gender equality.

  • Shadow over women’s reservation

    What’s the news?

    • The Women’s Reservation Bill has journeyed through decades of debates and discussions, yet its implementation remains uncertain.

    Central idea

    • The recent tabling of the Women’s Reservation Bill in the Lok Sabha has brought attention to the long-awaited issue of gender representation in Indian politics. However, despite the grand announcement, there are several complexities and challenges surrounding its implementation that demand scrutiny.

    Historical Background

    • The issue of women’s reservation in Indian politics dates back to the Constituent Assembly debates in 1947, where it was initially rejected as unnecessary.
    • However, subsequent decades witnessed a decline in women’s political representation, prompting further policy deliberations.
    • The quest for women’s reservation in legislative bodies began in 1996, with notable progress occurring during Manmohan Singh’s tenure in 2010, when it passed in the Rajya Sabha but faced rejection in the Lok Sabha.
    • Since then, the commitment to empowering women in India’s political landscape has remained unfulfilled.

    Current Bill’s Complexities

    • Implementation Linked to Census and Delimitation: One of the major complexities is that the bill’s implementation is contingent upon two crucial factors: conducting a new census and completing the delimitation process. Unlike some previous legislation, this bill cannot be immediately enforced but rather depends on these time-consuming processes.
    • Unclear Timeline: The bill lacks a clear and specific timeline for its implementation. It leaves the question of when reservations for women in legislative bodies will become a reality unanswered. This ambiguity has raised concerns about the government’s commitment to gender equality in politics.

    Census and Delimitation Challenges

    • Delay Due to the Pandemic:
    • The last census in India was conducted in 2011. Subsequent Census exercises were delayed, with the Union government attributing the postponement to the COVID-19 pandemic.
    • This delay has had a direct impact on the implementation of the Women’s Reservation Bill since the bill is linked to the data obtained from the Census.
    • Potential Conflicts:
    • Even if the Census process moves forward, there is a looming possibility of conflicts arising during the delimitation process.
    • Delimitation, which involves the division of electoral constituencies, can be contentious, particularly between different regions and states. This could further delay the bill’s implementation and pose political challenges.

    Key Differences from the 2008 Version

    • Intra-State Women Representation: Unlike the 2008 version of the bill, the current iteration does not include provisions for “intra-state women representation.” The 2008 bill mandated that one-third of Lok Sabha seats in each state or Union Territory should be reserved for women, ensuring representation from various regions within the state.
    • Rotation of Reserved Seats: The current bill proposes that reserved seats for women should be rotated after every delimitation exercise. This means that the seats set aside for women may change constituency boundaries periodically. In contrast, the 2008 bill did not include such a provision.
    • Unclear Status During Delimitation: The current bill does not provide clarity on the status of women’s reservations when the delimitation process is ongoing. Given that delimitation commissions typically take several years to issue their reports, it remains uncertain how the reserved seats for women will be affected during this period.

    Way forward

    • Clear Implementation Plan: The government must outline a comprehensive and transparent plan for the implementation of the Women’s Reservation Bill. A clear roadmap with specific timelines can provide clarity and boost public confidence in the process.
    • Fast-Track Census and Delimitation: Expedite the Census and delimitation processes. Swiftly resolve any conflicts that may arise during these procedures to prevent further delays in implementing the bill.
    • Revise Intra-State Representation: Reconsider the exclusion of intra-state women’s representation from the current bill. Ensuring representation from various regions within a state can enhance diversity and inclusivity.
    • Seat Rotation Framework: Develop a framework for seat rotation that balances stability and change in women’s representation. Ensure that changes in constituency boundaries do not disrupt the continuity of women in politics.
    • Encourage Political Parties: Encourage political parties to proactively nominate more women candidates in elections. Parties can voluntarily set quotas for women candidates to increase their presence in legislative bodies.

    Conclusion

    • For a nation that initially championed equal rights and representation for all citizens, this delay is a blemish on the visionary ideals of our founding fathers. It is high time that the promise of women’s reservation in politics transforms into a tangible reality.

    Also read:

    What will hold up women’s reservation Bill?

  • Need for more women police

    What’s the news?

    • The 2023 Constitution Amendment Bill, passed by both Houses of Parliament, reserves one-third of seats in the House of the People, State Legislative Assemblies, and the Legislative Assembly of Delhi.

    Central idea

    • In the near future, women lawmakers are poised to constitute at least 33% of India’s legislative bodies. In tandem with legislative reforms, there is a pressing need for increased female representation in law enforcement agencies.

    The Connection between Legislators and Law Enforcement

    • The representation of women in the Indian Parliament stands at approximately 14.4%, a notable improvement compared to the 4.9% recorded in the first Lok Sabha in 1952.
    • While the direct relationship between the number of legislators and the effectiveness of law enforcement agencies is not straightforward, the representation of women in these institutions reflects their alignment with the diverse society they serve.

    Reservation and Representation in the Police Force

    • In parallel with legislative reforms, achieving greater gender diversity within law enforcement agencies is a pressing concern.
    • Several states have adopted policies mandating the allocation of 30% or 33% of vacant police positions to women, leveraging horizontal reservation.
    • This approach ensures that if minimum reserved positions for SC, ST, Other Backward Classes, and unreserved categories are not filled by women candidates on merit, women are given priority.
    • However, there is significant variation among states in implementing such policies, with some not having any reservation for women in their police forces.
    • The data published by the Bureau of Police Research and Development (BPR&D) reveals that although the total strength of state police forces grew by approximately 7.48% over five years, the representation of women in these forces increased only marginally.

    Examples of Variations in Implementation

    • Kerala, Mizoram, and Goa: These states, despite not having specific reservation policies for women in the police force, manage to maintain women’s representation in a commendable range between 6% and 11%.
    • Bihar: Bihar allocates an impressive 35% reservation for women, with an additional 3% reserved for backward caste women. However, the actual representation of women in the force is around 17.4%, indicating challenges in the effective execution of these quotas.
    • Chandigarh: Chandigarh boasts the highest percentage of women in its police force, with approximately 22% representation.
    • Jammu and Kashmir: Conversely, Jammu and Kashmir have the lowest representation of women in their police force, standing at approximately 3.3%.

    Challenges in Recruitment

    • Low Rate of Filling Vacancies: Recruitment is conducted for only about 4% to 5% of the total vacant positions, taking into account an attrition rate of 2.5% to 3% and an annual sanction of new posts of around 1.5% to 2%. This sluggish pace of recruitment impedes efforts to increase women’s representation.
    • Lack of Permanent Police Recruitment Boards: Numerous states lack permanent police recruitment boards, which makes it challenging to conduct regular recruitment cycles.
    • Infrequent Recruitment: Due to these impediments, recruitment cycles often occur at infrequent intervals, further delaying the process of enhancing women’s representation.
    • Reforms Implementation: Some of the key reforms aimed at enhancing women’s participation include merging women police with the regular police force and establishing police recruitment boards. However, not all states have been enthusiastic about implementing these reforms, potentially affecting their benefits.
    • State Subject: Policing falls under the purview of states as per the Seventh Schedule of the Constitution. Therefore, implementing necessary police reforms primarily remains the responsibility of individual states.

    Crime Data and the Imperative for Women in Policing

    • Gender-Based Crimes:
    • According to National Crime Records Bureau (NCRB) data, approximately 10% of the total crimes defined under the Indian Penal Code were committed against women in 2021.
    • These crimes include offenses such as domestic violence, sexual assault, and crimes against women and children.
    • This data underscores the pressing need for specialized handling of such cases, as they often require a nuanced and empathetic approach.
    • Insufficient Representation:
    • Despite the prevalence of crimes against women, only about 5.3% of total arrests in 2021 were women. This indicates that the available women police force may be insufficient to effectively address cases related to women.
    • Ensuring an adequate number of women police officers is essential to handling these cases sensitively and professionally.
    • Scope Enlargement: The Protection of Children from Sexual Offenses Act has expanded the scope of women’s recruitment in the police force. This expansion acknowledges the unique skills and sensitivity that women officers can bring to cases involving children and minors.
    • Versatile Capabilities: The women have demonstrated their competence in various police duties, dispelling any doubts about their ability to handle diverse assignments in a police institution. Their versatility is an asset in responding to a wide range of law enforcement challenges.
    • Democracy and Representation: In a democratic country, every institution must be representative of its populace to earn the trust of the citizens it serves. Ensuring diversity, including gender diversity, within law enforcement agencies is vital to building trust and confidence among the public.

    Government efforts

    • Financial Incentives: The Ministry of Home Affairs (MHA) introduced financial incentives starting in 2018–19 to encourage states to implement police reforms effectively. These incentives include reserving a portion of modernization funds, with an initial reservation of 10% in the first year, followed by 20% of total modernization funds.
    • Special Initiatives: The MHA also offered a special grant to encourage states to establish a ‘women desk’ in every police station. However, there may not be sufficient women personnel to handle these desks effectively in some districts.

    Way Forward: Empowering Women in Policing

    • Family Quarters Satisfaction: As of January 1, 2021, the satisfaction level regarding family quarters for women police officers stood at only about 30%. Adequate family quarters are crucial for creating a conducive work environment.
    • Infrastructure and Environment: Efforts should be made to provide a conducive environment and basic infrastructure to encourage more women to join the police force. This includes improving living conditions, providing separate toilets for women staff, and providing crèche facilities for children in police stations.
    • Uniform Police Act: Consider implementing a uniform police act for the entire country to establish consistent standards for women in the police force.
    • Recruitment: Ensure that every state has a recruitment board to oversee and facilitate regular recruitment of women into the police force.
    • Special Recruitment Drive: Launch special recruitment drives in all states and union territories to actively recruit more women officers and increase their representation in the police force, similar to the Constitutional 128th Amendment for women in legislatures.

    Conclusion

    • The journey toward gender equality and representation in India’s legislative and law enforcement bodies is complex but essential. Bridging the gender gap in the police force is not just about equality, but also about enhancing the effectiveness and inclusivity of these vital institutions in a democratic society.

    Also read:

    Women’s reservation: What is the road ahead, before it can be implemented

     

  • What will hold up women’s reservation Bill?

    reservation

    What’s the news?

    • In a historic move, Parliament passed the Constitution (One Hundred and Twenty-eighth Amendment) Bill, commonly referred to as the women’s reservation Bill.

    Central idea

    • The Indian Parliament recently ratified the Constitution (128th Amendment) Bill. The Nari Shakti Vandan Adhiniyam, as the bill is called, seeks to reserve one-third of all seats for women in the Lok Sabha, the State Legislative Assemblies. The bill received overwhelming support in both houses of Parliament and now awaits presidential assent to become law.

    What does the bill say?

    • Reservation for Women: The primary objective of the bill is to provide 33% reservation for women in both the Lok Sabha and the State Legislative Assemblies across India. This means that one-third of the total seats in these legislative bodies would be reserved exclusively for women candidates.
    • Applicability to SCs and STs: The reservation for women extends to seats that are reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies as well. This ensures that women from marginalized communities also have an opportunity to participate in the political process.
    • Rotational Reservation: The bill stipulates that the seats reserved for women will be rotated after each delimitation exercise. Delimitation involves the adjustment of territorial boundaries and the allocation of seats based on population changes. This rotation ensures that women candidates have a chance to represent different constituencies over time.

    Reservation

    The groundwork for the Women’s Reservation Bill

    • The foundation for the Women’s Reservation Bill was established with the enactment of the 73rd and 74th Constitutional Amendments in 1993.
    • These amendments introduced the concept of panchayats and urban local bodies into the Indian Constitution.
    • Notably, these amendments mandated a one-third (33%) reservation for women in these local governing bodies.
    • This marked a significant step toward increasing women’s representation in grassroots politics.
    • State-Level Initiatives:
    • Building on the provisions of the 73rd and 74th Amendments, some states took progressive steps to further enhance women’s political participation.
    • For example, Bihar became the first state to provide 50% reservation for women in panchayat bodies in 2006.
    • Over time, more than 20 states adopted a 50% reservation for women at the panchayat level.
    • Studies on Women’s Leadership:
    • Academic research conducted during this period shed light on the positive influence of women’s leadership in political bodies.
    • For example, a 2001 study by Raghabendra Chattopadhyay and Esther Duflo in West Bengal found that women leaders tended to invest more in infrastructure directly relevant to the needs of rural women, such as water supply, fuel availability, and roads.
    • Another study conducted in Maharashtra highlighted how all-women panchayats prioritized women’s issues, showcasing the potential benefits of women’s representation in politics.

    Previous attempts in the parliament over the years

    • 1996:
    • The Women’s Reservation Bill, also known as the 81st Constitution Amendment Bill, was first introduced in the Lok Sabha in 1996 by the Deve Gowda-led United Front government. This bill proposed reserving one-third of the seats in the Lok Sabha and State Legislative Assemblies for women.
    • It was referred to a Joint Committee for recommendations but failed to receive approval in the Lok Sabha. The bill lapsed with the dissolution of the Lok Sabha.
    • 1998:
    • In 1998, the Atal Bihari Vajpayee-led National Democratic Alliance government reintroduced the Women’s Reservation Bill in the Lok Sabha.
    • However, like the previous attempt, it also lapsed after the government fell in 1999.
    • 1999, 2000, 2002, and 2003:
    • The Women’s Reservation Bill was reintroduced in the Lok Sabha multiple times between 1999 and 2003.
    • However, it faced resistance and failed to secure passage during these years.
    • 2010:
    • In 2010, the Manmohan Singh-led United Progressive Alliance (UPA) government tabled the Women’s Reservation Bill in the Rajya Sabha (the upper house of Parliament). This bill aimed to reserve one-third of the seats in the Lok Sabha and State Legislative Assemblies for women.
    • However, the bill was never taken up for consideration in the Lok Sabha and lapsed with the dissolution of the 15th Lok Sabha.

    Critical issues and concerns raised by the opposition

    • Delay Due to Delimitation:
    • The primary concern raised by the opposition is the linkage of women’s reservations with the periodic delimitation exercise. The last delimitation order was issued in 2008, and there is a freeze on seat readjustment until the figures of the first Census held after 2026 become available.
    • This has raised concerns that women’s reservations might not be implemented until the 2031 Census figures are available, causing a potential prolonged delay.
    • Lack of OBC Reservation:
    • Another significant issue raised by the Opposition is the absence of a separate reservation for OBCs in the Women’s Reservation Bill.
    • While the bill provides reservations for SCs and STs, it does not include a specific provision for OBCs, despite their significant population representation.

    Assurance and suggestions

    • Amit Shah’s Assurance: Home Minister Amit Shah informed Parliament that the census and delimitation exercise would be conducted immediately after the general election due in 2024. This implies that the delimitation process, which has been a concern regarding potential delays in implementing women’s reservations, would be expedited.
    • Owaisi’s Suggestion: Asaduddin Owaisi and Syed Imtiyaz Jaleel of the AIMIM suggested that the bill should incorporate separate quotas for Other Backward Classes (OBC) and Muslim women, as these communities are underrepresented in Parliament and legislative assemblies.

    Way forward

    • Timely Delimitation: The government can work on conducting the delimitation exercise promptly after the general election due in 2024, as stated by Home Minister Amit Shah. This would ensure that women’s reservation becomes a reality sooner.
    • Inclusive Consultations: The concerns regarding the absence of a separate reservation for OBCs should be addressed through inclusive consultations and discussions with political parties and stakeholders.
    • Research and Data: Continued research on the impact of women’s reservation at various levels of governance can provide evidence of its positive effects.
    • Political Consensus: Building consensus among political parties and garnering bipartisan support for the Women’s Reservation Bill is essential. This can be achieved through dialogue, negotiations, and compromise to address the concerns of different parties.

    Conclusion

    • The passage of the Women’s Reservation Bill is a significant step toward promoting gender equality and women’s participation in the Indian political landscape. While it faces challenges related to delimitation and OBC representation, its historical context and potential benefits make it a pivotal moment in India’s journey towards inclusive and representative governance.

    Also read:

    Women’s share in Assemblies less than 10% in 20 States

  • Women’s share in Assemblies less than 10% in 20 States

    Women

    What’s the news?

    • The BJP government presented the Women’s Reservation Bill as its top priority in the newly inaugurated Parliament House.

    Central idea

    • The 128th Constitutional Amendment Bill, 2023, known as the Nari Shakti Vandan Adhiniyam, proposes reserving one-third of seats in the Lok Sabha and State Assemblies for women. Prime Minister Narendra Modi hailed the bill as a historic decision and framed it as a divine mandate to empower women. The Lok Sabha, after a day of deliberations, passed the bill.

    Historical Context

    • The Women’s Reservation Bill has a long and arduous history.
    • It was initially introduced in 1996 by the H.D. Deve Gowda-led United Front government but failed to gain approval.
    • Subsequent attempts to pass the bill faced similar fates, lapsing with the dissolution of houses.

    Key Provisions of the Bill

    • Reservation Percentage: The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, proposes 33% reservation for women in Lok Sabha and state Legislative Assemblies.
    • Inclusion of Marginalized Groups: The reservation also includes seats reserved for women belonging to Scheduled Castes and Scheduled Tribes.
    • Constitutional Amendments: The Bill introduces new articles, 330A and 332A, in the Constitution specifically for Lok Sabha and state assemblies, respectively.
    • Duration of Reservation: The proposed reservation will be in effect for 15 years from the commencement of the Act.
    • Dependence on Delimitation: Implementation of the reservation is contingent upon the completion of the delimitation process.

    The current representation of women

    • Parliament:
    • As of now, the Lok Sabha has only 82 women members, constituting 15% of its total strength.
    • India has never seen a higher representation of women in its Parliament, even after over 70 years of electoral history.
    • In the 2019 general election, the share of women candidates was a mere 9%.
    • State Legislative Assemblies:
    • The situation in state legislative assemblies is even bleaker, with only Tripura surpassing the 15% mark.
    • Over 20 states and Union Territories have less than 10% women representation, including Gujarat, Maharashtra, Andhra Pradesh, Kerala, Tamil Nadu, Telangana, and Karnataka.

    Party-wise Analysis

    • Women’s representation across different political parties in the Lok Sabha
    • Bharatiya Janata Party (BJP): Currently, women make up just 13.5% of the BJP’s Lok Sabha members.
    • Biju Janata Dal (BJD): BJD leads in women’s representation, with 41.7% of its Lok Sabha MPs being women.
    • Trinamool Congress: Trinamool Congress follows closely, with 40.9% women MPs in the Lok Sabha.
    • Distribution of women MLAs in State Legislative Assemblies
    • West Bengal (Trinamool Congress): The Trinamool Congress in West Bengal boasts the highest percentage of women MLAs, standing at 15.3%.
    • Chhattisgarh (Congress): The Congress party in Chhattisgarh has 14.7% women MLAs, demonstrating a significant presence of women in the state assembly.
    • Political parties that lag behind in terms of women’s representation
    • Karnataka (Congress): The Congress party in Karnataka has only 3% women MLAs, indicating a significant gender disparity.
    • Telangana (Bharat Rashtra Samithi): The Bharat Rashtra Samithi in Telangana fares similarly poorly, with just 3.4% of women MLAs.
    • Tamil Nadu (Dravida Munnetra Kazhagam, DMK): DMK in Tamil Nadu has a relatively low representation of women MLAs, with only 4.5% women in the state assembly.

    Just to know:  

    • The highest proportion of women representatives elected to the Lok Sabha so far was in the 2019 elections, and it was less than 15 percent of total
    • The number of women candidates and MPs varies greatly across states and parties.
    • In the present Lok Sabha (17th), Uttar Pradesh and West Bengal have the highest numbers of women MPs. In terms of percentage, Goa and Manipur had fielded the highest proportion of women candidates.

    Women

    India’s parliamentary representation of women compared to other nations

    • India: India’s current women’s representation in parliament stands at a modest 15%, which, although an improvement, remains relatively low.
    • Iran: India ranks just above Iran, which has only 6% women representation in its parliament.
    • South Africa: In contrast, South Africa has made significant strides in women’s representation, with a considerably higher proportion of women in its national legislature.
    • Ethiopia: Ethiopia has also seen remarkable progress in gender parity within its national legislatures.

    Challenges to Female Representation

    • Party Ticket Allocation: Despite pledges in party constitutions, records show that women candidates receive disproportionately fewer party tickets, often relying on family political connections.
    • Perceived Electability: The belief that women candidates are less likely to win elections hampers their ticket allocation.
    • Structural Barriers: Demanding and time-consuming election campaigns, coupled with family responsibilities, deter many women from active participation.
    • Vulnerability: Women politicians face humiliation, abuse, and threats, making participation even more challenging.
    • Financial Constraints: High campaign costs, limited financial independence, and a lack of party support create hurdles for women candidates.
    • Internalized Patriarchy: Many women prioritize family and household duties over political ambitions due to ingrained patriarchal norms.

    Need for such a reservation

    • Ensuring Representation: Reservation guarantees women’s presence in decision-making bodies, addressing underrepresentation.
    • Encouraging Entry: Reservation encourages women to enter politics, contest elections, and engage in the political process.
    • Capacity Building: Participation in legislative processes enhances women’s political capacity, nurturing effective leaders.
    • Changing Perceptions: Reservation shifts societal attitudes toward women in politics, challenging stereotypes and promoting participation.
    • Promoting Gender-Sensitive Policies: Women politicians advocate for gender-sensitive policies addressing issues like violence against women and discrimination.

    Conclusion

    • The passage of the Women’s Reservation Bill marks a historic moment in Indian politics. Achieving gender parity in political representation is a vital step towards a more inclusive democracy. It is imperative that all stakeholders work together to ensure the effective implementation of this landmark legislation and uplift women’s voices in the decision-making process.

    Also read:

    73rd and 74th Amendments and Reservation for Women

  • Women’s Reservation Bill: A Long Road Ahead

    women's reservation bill

    Central Idea

    • The Indian government introduced The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, aimed at providing 33% reservation to women in the Lok Sabha and state Legislative Assemblies.
    • However, this endeavor is not new, dating back to the mid-1990s.

    Women’s Reservation Bill: Overview

    • Reservation Provisions: The Bill proposes to reserve one-third of the seats in the Lok Sabha and state Assemblies for women, including those belonging to Scheduled Castes and Scheduled Tribes.
    • Constitutional Amendments: Similar to a previous Bill from 2010, this one introduces new articles (330A and 332A) in the Constitution to effect these changes.
    • Sunset Clause: The Bill includes a sunset clause, stipulating that the reservation will be applicable for 15 years from the Act’s commencement.

    Discourse on Women’s Reservation

    • Pre-Independence Demands: The discussion on women’s reservation dates back to the pre-Independence era, where various women’s organizations advocated for women’s political representation.
    • Recommendations: Several recommendations and reports, such as the 1955 committee’s proposal for 10% reservation in Lok Sabha and State legislative assemblies, set the stage.
    • National Perspective Plan: The National Perspective Plan for Women in 1988 called for 30% reservation in all elected bodies.
    • Panchayati Raj Act (1993): A significant step was the amendment of the Panchayati Raj Act in 1993, reserving 33% of seats in local government bodies for women.
    • Rajya Sabha Approval (2010): The Women’s Reservation Bill, introduced in 1996, finally gained momentum and was approved by the Rajya Sabha on March 9, 2010.

    Practical obstacles in Implementation

    (a) Delimitation Process Dependency:

    • Crucial Condition: The Bill links the implementation of women’s reservation to the delimitation process, which could significantly delay its enactment.
    • Impact of Census: Delimitation would occur after the publication of Census results, with the 2021 Census delay potentially affecting the timeline. Assuming the Census results are published after 2026, this could serve as the basis for delimitation of constituencies.
    • Operational Timeline: Given the current circumstances, women’s reservation might not be effective in the Lok Sabha until the general elections of 2029.

    (b) Seat Identification Uncertainty:

    • Lack of Specifics: The Bill does not specify how the reserved seats will be identified, leaving this crucial aspect to be addressed by a separate law. Past proposals suggested rotation and a draw of lots method to determine reserved seats, but the government’s exact approach remains unclear.

    (c) Current Seat Reservation Process

    • SCs and STs: The Delimitation Act, 2002, lays down principles for reserving seats for Scheduled Castes and Scheduled Tribes based on population distribution.

    (d) Constitutional Amendments Required:

    • Amendment Necessity: To operationalize the women’s reservation scheme, amendments to Articles 82 and 170(3) of the Constitution are essential.
    • Impact on Panchayati Raj: While reservation for women exists in Panchayati Raj institutions, it operates under Article 243D and has achieved significant representation in several states. According to government data as of September 8, 2021, in at least 18 states, the percentage of women elected representatives in Panchayati Raj institutions was more than 50%.

    Challenges to Female Representation

    • Party Ticket Allocation: Despite pledges in party constitutions, records show that women candidates receive disproportionately fewer party tickets, often relying on family political connections.
    • Perceived Electability: The belief that women candidates are less likely to win elections hampers their ticket allocation.
    • Structural Barriers: Demanding and time-consuming election campaigns, coupled with family responsibilities, deter many women from active participation.
    • Vulnerability: Women politicians face humiliation, abuse, and threats, making participation even more challenging.
    • Financial Constraints: High campaign costs, limited financial independence, and lack of party support create hurdles for women candidates.
    • Internalized Patriarchy: Many women prioritize family and household duties over political ambitions due to ingrained patriarchal norms.

    Significance of Women’s Participation in Lawmaking

    • Political Empowerment: Legislative representation empowers women to participate in lawmaking and hold the government accountable.
    • Gender Parity Indicator: Women’s presence in national parliaments reflects gender equality progress in politics.
    • Unique Skills: Women bring diverse skills to politics, serve as role models, and advocate for gender justice.
    • Advocating Women’s Interests: Female politicians represent women’s interests in state policies, bridging the gap between representation and participation.
    • Efficiency and Integrity: Studies show that women legislators excel economically, exhibit lower criminality and corruption rates, and are more effective and less susceptible to political opportunism.

    Need for such Reservation

    • Ensuring Representation: Reservation guarantees women’s presence in decision-making bodies, addressing underrepresentation.
    • Encouraging Entry: Reservation encourages women to enter politics, contest elections, and engage in the political process.
    • Capacity Building: Participation in legislative processes enhances women’s political capacity, nurturing effective leaders.
    • Changing Perceptions: Reservation shifts societal attitudes toward women in politics, challenging stereotypes and promoting participation.
    • Promoting Gender-Sensitive Policies: Women politicians advocate for gender-sensitive policies addressing issues like violence against women and discrimination.

    Conclusion

    • Pressing Need: The Women’s Reservation Bill is long overdue, with women waiting for their rightful place in governance and nation-building.
    • Untapped Potential: Women’s leadership qualities are undeniable, and their participation is essential for India’s progress.
    • Call for Action: As India aspires to be a global leader, it must prioritize women’s political empowerment and pass the Women’s Reservation Bill without further delay.

  • Women’s reservation: What is the road ahead, before it can be implemented

    reservation

    What’s the news?

    • In a significant legislative move, the government has tabled the Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, in the Lok Sabha.

    Central idea

    • The Indian government has introduced the Constitution Bill, 2023, aimed at providing 33% reservation for women in both Lok Sabha and state legislative assemblies. While the bill mirrors some aspects of the previously proposed legislation, it also introduces significant changes.

    Key Provisions of the Bill

    • Reservation Percentage: The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, proposes 33% reservation for women in Lok Sabha and state Legislative Assemblies.
    • Inclusion of Marginalized Groups: The reservation also includes seats reserved for women belonging to Scheduled Castes and Scheduled Tribes.
    • Constitutional Amendments: The Bill introduces new articles, 330A and 332A, in the Constitution specifically for Lok Sabha and state assemblies, respectively.
    • Duration of Reservation: The proposed reservation will be in effect for 15 years from the commencement of the Act.
    • Dependence on Delimitation: Implementation of the reservation is contingent upon the completion of the delimitation process.

    Comparison with the Previous Bill

    • Reservation in Lok Sabha: The Bill reserves one-third of the total seats in Lok Sabha for women, including those from Scheduled Castes and Scheduled Tribes.
    • Sunset Clause: Similar to the 2010 Bill passed by the Rajya Sabha, the current Bill includes a 15-year sunset clause.
    • Delimitation Dependency: A significant difference is that the current Bill ties the implementation of women’s reservations to the delimitation process, which was not present in the 2010 Bill.

    Current Reservation Framework

    • Panchayati Raj Institutions: India already has reservations for Scheduled Castes, Scheduled Tribes, and women in Panchayati Raj institutions.
    • Legal Mandate: Article 243D of the Constitution mandates that not less than one-third of the seats reserved for SCs and STs should be reserved for women.
    • Achievements in States: Several states have achieved over 50% women’s representation in Panchayati Raj institutions.

    How does reservation for women in Panchayati Raj institutions and urban local bodies work?

    • Panchayati Raj: Article 243D ensures reservation for women, SCs, and STs in Panchayati Raj institutions.
    • Flexibility for States: States have the flexibility to reserve seats for backward classes.
    • High Women Representation: Many states have over 50% women representatives in Panchayati Raj institutions.

    Concerns associated with the bill

    • Potential Delay: The bill’s implementation depends on the completion of the delimitation process, which could postpone its effect until the 2029 general elections.
    • Lack of Clarity: The bill does not specify how reserved seats will be identified, raising questions about the selection process.
    • Operational Challenges: Implementing the reservation, particularly ensuring fair representation, may pose logistical difficulties.

    What constitutional amendments will be needed to operationalize the scheme of women’s reservation?

    • Amending Article 82: To enable women’s reservation, amendments to Article 82, which deals with the adjustment of constituencies for Lok Sabha and state assemblies following each census, are necessary.
    • Amending Article 170(3): Amendments to Article 170(3), which pertains to the composition of legislative assemblies, are also required.
    • Prerequisites for Implementation: These amendments are prerequisites for the delimitation process and, subsequently, the implementation of women’s reservations.

    Conclusion

    • The introduction of the Constitution 128th Bill, 2023, marks a significant step towards empowering women in Indian politics. However, its effectiveness hinges on the timely completion of the delimitation process, and the method for identifying reserved seats remains a subject of debate. Nevertheless, this bill reflects a continued commitment to promoting gender equality in India’s democratic institutions.

    Also read:

    Private Member’s Bill for women’s reservation

  • Transformations and Trends in the Indian Parliament over 75 Years

    Central Idea

    • India’s parliamentary journey spanning 75 years reflects a dynamic and evolving landscape of political representation, legislative processes, and societal changes.
    • From shifting demographics to parliamentary practices and electoral dynamics, this retrospective analysis sheds light on the fascinating facets of India’s parliamentary evolution.

    Key Trends in Indian Parliament

    Youth Representation
    • Despite a growing youth population, the number of MPs aged 35 and below in the Lok Sabha is at a record low.
    • In the First Lok Sabha, there were 82 such MPs, but in the 17th Lok Sabha, there are only 21.
    • This decline contrasts with India’s youthful demographic, where around 66% of the population is under 35.
    Women’s Turnout and Representation
    • Women’s voter turnout has consistently risen since 1962, even surpassing male turnout in 2019.
    • Number of women candidates has increased, from 45 in 1957 to 726 in 2019.
    • However, women’s representation in the Lok Sabha remains low, with just 14.36% of the total seats occupied by women in 2019.
    • Women’s reservation Bill, aimed at increasing women’s representation to 33%, has faced hurdles in passing.
    Missing Deputy Speaker
    • 17th Lok Sabha is set to become the first in independent India without a Deputy Speaker, breaking from tradition.
    Declining Parliamentary Sittings
    • Between 1952 and 1974, the Lok Sabha consistently held over 100 sittings annually, but this trend has declined.
    • Pandemic in 2020 led to a significant decrease in sittings.
    • Average sitting time per day has also decreased over the years.
    Bills Passed and Ordinances Issued
    • Both Houses of Parliament are passing fewer bills compared to earlier decades.
    • Highest number of bills passed occurred during the Emergency in 1976, while the lowest was in 2004.
    • An increase in ordinances issued by the Union government has coincided with fewer parliamentary sittings.
    Voter Enrollment and Parties in the Fray
    • Number of voters has increased six-fold from 1951 to 2019, resulting in a higher number of polling stations.
    • Nos. of parties participating in Lok Sabha polls has multiplied over the years, with 673 parties in 2019 compared to 53 in 1951.
    • Number of contestants has also grown significantly.
    Vote Share and Majority Trends
    • Out of 17 Lok Sabha elections held so far, 10 have resulted in clear majorities, while 7 have been fractured mandates.
    • Recent trends show that the winning party typically receives a higher vote share than the runner-up since 2004.
    Changing Focus on Questions
    • Time allocated for questions in the Lok Sabha has decreased over the years.
    • First Lok Sabha dedicated 15% of its time to questions, whereas the 14th Lok Sabha allocated only 11.42%.
    • Data for the 15th, 16th, and 17th Lok Sabhas is not available for comparison.

    Conclusion

    • As India’s Parliament embarks on its journey of 75 years, these trends provide a fascinating glimpse into the evolving dynamics of the nation’s highest legislative body.

  • Crafting a new chapter in parliamentary conduct

    What’s the news?

    • Disruptive behavior within India’s Parliament is on the rise, leading to concerns about declining decorum and public perception, as well as its impact on governance.

    Central idea

    • India’s Parliament faces a decorum crisis with growing disruptive behavior during special sessions, raising concerns of impending chaos. Lawmakers from various parties resort to disruption instead of constructive debate. It’s high time to address this issue and seek inspiration from the British parliamentary model, which once inspired our nation’s leaders.

    Initial Pride in the Parliamentary System

    • Britain’s Westminster model: In the early years following India’s independence, Indian politicians took great pride in the parliamentary system they had adopted. This system was modeled after Britain’s Westminster model.
    • Longing for Denied Benefits: India’s nationalists were determined to experience the democracy they had long been denied under British colonial rule. They believed that the British parliamentary system was the best model, and its adoption was a significant step toward achieving democratic governance.
    • Attlee’s Proposal: When Clement Attlee, a future British Prime Minister, visited India as part of a constitutional commission, he suggested the merits of a presidential system over a parliamentary one. However, this proposal was met with shock and horror by his Indian interlocutors, who strongly favored the parliamentary system.
    • Admiration for British Parliamentary Traditions: Many of India’s first-generation parliamentarians had received their education in England and held a deep admiration for British parliamentary traditions. They found authenticity in emulating these traditions.
    • Continuation of British Practices: India’s parliamentary practices continued to mirror British traditions. For example, Indian MPs still thump their desks in approbation, a practice similar to desk-thumping in the British Parliament. When voting on bills, the affirmative call is typically aye rather than yes, although hanh is gaining popularity on some Treasury benches.
    • A Compliment from a British Prime Minister: In an instance where an Anglophile Communist MP, Professor Hirendranath Mukherjee, proudly recounted how a visiting British Prime Minister, Anthony Eden, had remarked that the Indian Parliament was in every respect like the British one, This comment was regarded as a compliment, even by a Communist, and it emphasized the authenticity with which India had adopted British parliamentary traditions.

    Departure from British parliamentary traditions and increasing leniency towards disruption

    • Change Over Decades: Over the course of seven and a half decades since India gained independence, significant changes have occurred in the functioning of its parliamentary system.
    • Emergence of Boisterous Behavior: India’s natural inclination towards boisterousness and assertiveness has reemerged in its legislative proceedings. This shift marks a departure from the decorum and traditions of the British parliamentary system.
    • Disruptions in State Assemblies: Some state assemblies have already experienced chaotic scenes, including instances where furniture was overturned, microphones were ripped out, and legislators threw slippers. Fisticuffs and torn garments have also been observed during scuffles among politicians in these assemblies.
    • Code of Conduct Violations: In the national legislature, the code of conduct, which is imparted to all newly-elected MPs, is frequently breached. This includes violations such as speaking out of turn, shouting slogans, waving placards, and marching into the well of the house.
    • Pepper Spray Incident: The situation reached an extreme point when a protesting MP released pepper spray within the parliamentary chamber. This act resulted in the hospitalization of some MPs and caused discomfort for the then-Speaker.
    • Impunity for Rule-Breaking: Lawmakers have exhibited a remarkable level of impunity in flouting the rules they are elected to uphold. Despite instances of MPs charging up to the presiding officer’s desk, wrenching his microphone, and tearing up his papers, they have often been quietly reinstated to their positions after a few months, accompanied by muted apologies.

    Concerns and consequences of disruptive behavior in India’s Parliament

    • Obstruction of Meaningful Debate: Disruptive behavior obstructs meaningful debate on important issues, preventing critical legislation from being discussed and passed.
    • Weakening of Governance: Prolonged disruptions impede the government’s ability to implement policies and address the needs of the population, leading to weakened governance.
    • Erosion of Parliamentary Decorum: Disruptive behavior has led to a noticeable erosion of parliamentary decorum and traditional standards of conduct.
    • Negative Public Perception: Disruptions have contributed to a negative public perception of the Parliament, potentially leading to disillusionment with the democratic process.
    • Decline in Accountability: Leniency towards disruptive behavior has undermined the accountability of elected representatives.
    • Loss of Legislative Productivity: Frequent disruptions have resulted in a loss of valuable legislative time and productivity.
    • Threat to Democracy: The disruptive behavior poses a threat to India’s democratic system by hindering the functioning of democratic institutions and diminishing their credibility.

    British parliamentary techniques that the Indian parliament must learn and implement

    • Opposition Day:
    • In the British parliamentary system, Opposition Day allows the opposition parties to select specific policy areas or issues they want to bring to the floor of the House for debate.
    • This practice provides the opposition with a designated platform to express their views, criticize government policies, and propose alternatives.
    • It promotes constructive debate on matters of political significance and ensures that the government must address issues raised by the opposition.
    • Prime Minister’s Question Time (PMQs):
    • PMQs is a significant and widely watched parliamentary event in the United Kingdom.
    • During PMQs, MPs have the opportunity to question the Prime Minister about various issues.
    • This practice enhances transparency, accountability, and scrutiny of the government’s actions and decisions.
    • It is known for spirited exchanges and serves as a key aspect of the British parliamentary system’s tradition of executive accountability.

    What else?

    • Speaker’s Role: The Speaker should reconsider the frequent rejection of adjournment motions and the practice of grouping proposed amendments to bills for voice votes without discussion.

    Conclusion

    • India’s Parliament stands at a crossroads, with its credibility and functionality at stake due to persistent disruptions. By adopting some of the practices of the British parliamentary system and ensuring a more inclusive and accountable parliamentary culture, India can reinvigorate its democratic institutions and preserve the sanctity of its democracy. It is imperative for the government and the opposition to come together on these fundamental matters to salvage the integrity of the Parliament and the nation’s democracy.

  • Explained: Special Session of Parliament

    Central Idea

    • The Union government of India has announced a special session of Parliament to be held in the newly constructed building.
    • This session holds particular significance as it marks the first official use of the new parliamentary facility.

    Special Session of Parliament: An Overview:

    • A special session of Parliament refers to a unique meeting convened outside of the regular parliamentary sessions.
    • The term “special session” is not explicitly mentioned in the Constitution of India.
    • Its convening is carried out as per the provisions of Article 85(1) of the Constitution.

    Procedure of calling such Session

    • Article 85(1) of the Indian Constitution stipulates the procedure for summoning Parliament.
    • This constitutional provision grants the President the authority to call Parliament into session, including special sessions, as deemed necessary.
    • It says:

    “The President shall from time to time summon each House of Parliament to meet at such time and place as he/she thinks fit, but six months shall not intervene between its last sitting in one session and the date appointed for its first sitting in the next session.”

    Historical Context of Special Sessions:

    Special sessions of Parliament have varied in their focus and format over the years:

    [A] Special Sessions with Debates:

    • 2015: A special session commemorated Dr. B.R. Ambedkar’s 125th birth anniversary.
    • 1997: Parliament convened to mark India’s 50th anniversary of independence.
    • 1962: The agenda included a discussion on the India-China war situation.

    [B] Midnight Special Sessions (Without Debates):

    • 1972: A session was held to celebrate 25 years of India’s independence.
    • 1992: A special session marked the 50th anniversary of the Quit India Movement.
    • 2017: A session was convened to mark the rollout of the Goods and Services Tax (GST).