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Subject: Polity

  • Types of Majorities in Parliament

    Central Idea

    • In a very rare event, the Parliament passed the women’s reservation bill with a near-unanimous 2/3rd Majority Votes.
    • Rajya Sabha gave the green light in an absolute majority vote.
    • In Lok Sabha, 454 members voted in favour of the bill that seeks to reserve one-third of seats to women in central and state legislatures.

    Types of Majority in Indian Parliament

      Description Examples of Use
    Absolute Majority More than 50% of the total membership of the house. Formation of government at the Center and States.
    Effective Majority More than 50% of the effective strength of the house (total strength minus vacancies). Removal of Vice-president in RS, Speaker/Deputy Speaker removal.
    Simple Majority More than 50% of the members present and voting. Passing Ordinary/Money/Financial bills, Confidence Motion, etc.
    Special Majority All majorities other than absolute, effective, or simple majority. Constitutional amendment bills, National emergency approval, etc.

    Types of Special Majority in Parliament
    Article 249 2/3rd members present and voting. Empowering Parliament to make laws in the state list.
    Article 368 2/3rd members present and voting + more than 50% of the total strength of the house. Constitutional amendment bills not affecting federalism.
    Article 368 + State Ratification 2/3rd members present and voting + more than 50% of state legislatures by a simple majority. Constitutional amendment bills affecting federalism.
    Article 61 2/3rd members of the total strength of the house. Impeachment of the Indian President.

     

  • Personality rights: What they are, how have courts ruled

    What’s the news?

    • The Delhi High Court this week allowed Kapoor’s pleas for protection of his personality rights from misuse by third parties. Rajinikanth’s name, Amitabh Bachchan’s baritone, and now Anil Kapoor’s style These are some of the personality rights that celebrities are trying to protect.

    Central idea

    • In recent times, celebrities have been increasingly vigilant about safeguarding their personality rights, which encompass elements such as their name, voice, signature, images, and distinctive features. The Delhi High Court’s recent decision to grant protection to Anil Kapoor’s personality rights from misuse by third parties has brought this issue into the limelight.

    About personality rights

    • Personality rights, often loosely referred to as the rights over one’s name, image, and unique characteristics, are crucial for celebrities.
    • Many celebrities take proactive measures to protect their personality rights, including registering some of these distinctive aspects as trademarks.
    • For example, Usain Bolt’s iconic bolting or lightning pose has been registered as a trademark, ensuring that only he or authorized parties can use it for commercial gain.
    • The primary idea behind personality rights is to grant the individual the exclusive right to derive economic benefits from these distinctive features.
    • Exclusivity is a critical factor in attracting commercial opportunities for celebrities, so unauthorized use by third parties can result in tangible financial losses.

    Legal Protection for Personality Rights

    • The law protects personality rights in India, although these rights are not explicitly mentioned in statutes. Instead, they are derived from related legal principles, primarily the right to privacy and the right to property.
    • How the law safeguards personality rights in the absence of specific legislation?
    • Right to Privacy and Right to Property: Personality rights are rooted in the broader concepts of the right to privacy and the right to property. These foundational rights form the basis for protecting an individual’s control over their personal identity and commercial interests.
    • Application of Intellectual Property Concepts: Intellectual property principles, often used to protect trademarks, can be applied to safeguard personality rights. This includes preventing the unauthorized use of a celebrity’s identity or distinctive attributes for commercial purposes.
    • Deterrence: Injunctions serve as a legal deterrent against the unauthorized commercial exploitation of a celebrity’s identity. They prohibit specific activities or uses of the celebrity’s persona, helping protect their financial interests.
    • Challenges in Enforcement: While injunctions provide legal protection, enforcing them can be challenging. Celebrities often need to issue takedown orders to online intermediaries like Google to remove unauthorized content. These legal processes can incur significant costs but may still be beneficial compared to the financial losses resulting from unauthorized use.

    Precedents in Indian Courts

    • Indian courts have established important precedents in cases involving the protection of personality rights, particularly in the absence of specific legislation explicitly addressing these rights. Here are some notable precedents set by Indian courts:
    1. Amitabh Bachchan’s Case (November 2022):
    • The Delhi High Court issued an injunction against the unauthorized use of Amitabh Bachchan’s personality rights. These included variations of his name, such as Big B, and his distinctive style, like addressing a computer as Computer ji and lock kiya jaye.
    • The court relied on a 2012 order involving Bachchan, where Titan Industries had taken legal action against a jewelry store for using Bachchan’s images from a Tanishq advertisement. This precedent established the principle that personality rights can be protected in India.
    1. Rajnikanth’s Case (2015):
    • The Madras High Court’s judgment in a case involving actor Rajnikanth established that personality rights apply to individuals who have attained celebrity status.
    • Rajnikanth had filed a lawsuit against the producers of the movie Main Hoon Rajnikanth, claiming that the film’s use of his name, image, and style of delivering dialogue infringed on his personality rights.
    • The court’s observation that personality rights vest in those who have become celebrities has been cited as an important precedent in subsequent cases.

    What is an injunction?

    • An injunction is a legal remedy issued by a court that orders a person or entity to either perform a specific action or refrain from doing a particular act.
    • In the given content, when unauthorized third parties exploit a celebrity’s personality rights for commercial purposes, celebrities have the option to seek legal recourse by moving to court and requesting an injunction. An injunction is a court order that restrains or prevents the unauthorized use of these rights.
    • It serves as a legal deterrent against the unauthorized commercial exploitation of a celebrity’s identity, helping to protect their financial interests.

    Anil Kapoor’s Case

    • Anil Kapoor’s recent case before the Delhi High Court resulted in an ex-parte, omnibus injunction against 16 entities using his name, likeness, image, and even deploying technological tools like artificial intelligence for commercial gain.
    • An ex-parte injunction, issued without hearing the opposing party, and an omnibus injunction, which covers unauthorized uses not explicitly mentioned in the plea, serve as deterrents against misuse.

    Challenges in enforcing injunctions

    • Tracking Misuse: Even with an injunction in place, it is not easy to monitor and track all instances of unauthorized use of a celebrity’s personality rights. This is especially challenging in the digital age, where content can spread quickly across various platforms.
    • Online Content: Unauthorized content can proliferate rapidly on the internet and social media platforms. Identifying and taking action against each instance of infringement can be a time-consuming and resource-intensive process.
    • Global Reach: The internet allows content to be accessible globally. Celebrities may need to address unauthorized use not only within their own jurisdiction but also in other countries where their image and likeness are being exploited.
    • Costs: Enforcing injunctions often involves legal expenses, including attorney fees and court costs. Pursuing legal action against multiple infringing parties can be financially burdensome, particularly for individuals.
    • Response from Online Intermediaries: When unauthorized content is hosted or distributed through online intermediaries like search engines or social media platforms, getting these platforms to comply with takedown requests can be challenging. It may require legal processes and negotiations.

    Criteria for Granting Injunctions

    • In the Titan case, the HC, in its order, listed out the basic elements comprising the liability for infringement of the right of publicity.
    • Validity of the right: The plaintiff must possess an enforceable right in their identity or persona.
    • Identifiability of the celebrity: The defendant’s unauthorized use must make the celebrity easily identifiable.
    • Intent to trade upon the celebrity’s identity: Evidence of the defendant’s intent to profit from the celebrity’s identity is crucial.

    Conclusion

    • The Delhi High Court’s decision in Anil Kapoor’s case highlights the evolving legal landscape surrounding personality rights in India. Celebrities are increasingly turning to the courts to protect their unique identities and the financial interests associated with them. As these cases continue to shape the legal framework, celebrities can seek redress against those who seek to exploit their personality rights for commercial gain.

  • Explained: Immunity of Legislators from Bribery Charges

    Central Idea

    • Important Question: The Supreme Court of India is trying to answer a significant question: Can lawmakers be prosecuted in criminal courts for taking or offering bribes despite the legal protection they enjoy under Articles 105(2) and 194(2) of the Constitution?
    • Background: This question arises from a need to re-evaluate a past Supreme Court ruling in the 1998 PV Narasimha Rao vs. State case, which said that lawmakers can’t be prosecuted for bribery related to their speeches or votes in Parliament.

    Understanding Lawmaker Immunity

    • Constitutional Safeguard: Constitution provides special protection for lawmakers through Articles 105(2) and 194(2). These articles deal with the powers and privileges of Parliament and state legislatures, and they say that lawmakers can’t be taken to court for anything they say or vote on in these bodies.
    • What It Means: This means lawmakers are safe from legal action for their words and actions inside the Parliament or state legislatures. For example, they can’t be sued for defamation for something they say during a debate.

    Current Case in the Supreme Court

    • How It Started: This matter began when, a member of Jharkhand politician, was accused of taking a bribe in exchange for her vote in the 2012 Rajya Sabha elections.
    • Legal Journey: Soren asked for her case to be dropped, saying she was protected by Article 194(2). But the Jharkhand High Court disagreed in 2014. So, she approached the Supreme Court.
    • Referral to a Bigger Panel: During the case, it was clear that the issue was very important. In 2019, a Supreme Court Bench suggested that it should be heard by more judges (a larger Bench) because it relates to the 1998 Narasimha Rao decision.
    • What the Supreme Court Just Did: On September 20, 2023, a five-judge Bench, led by Chief Justice DY Chandrachud, decided to send this issue to a seven-judge Bench for a fresh look. They said it’s vital to reconsider the PV Narasimha Rao ruling because it impacts our country’s politics.

    Why Lawmaker Immunity Matters

    • Protecting Lawmakers: Articles 105(2) and 194(2) aim to make sure lawmakers can speak and vote freely in Parliament and state legislatures without worrying about legal trouble.
    • Not a Get-Out-Of-Jail Card: But remember, these rules don’t mean lawmakers are above the regular laws of our country. They just make sure lawmakers can do their job without fear.

    Reviewing the 1998 PV Narasimha Rao Decision

    • The Big Case: The PV Narasimha Rao case is all about the 1993 JMM bribery scandal. The politician, who is related to the petitioner in this case, and some MPs were accused of taking money to vote against a no-confidence motion.
    • Different Opinions: Some judges thought immunity shouldn’t cover bribery cases. But most judges thought lawmakers should be protected to make sure they can talk and vote freely.
    • What Happened: The 1998 ruling in the Narasimha Rao case made it hard to prosecute lawmakers for bribery linked to their work in Parliament.

    Conclusion

    • Big Legal Question: The Supreme Court’s decision to send this issue to a seven-judge Bench shows how important it is. They want to decide if lawmakers can be prosecuted for bribery without affecting their ability to do their job.
    • Keeping Democracy Running: Articles 105(2) and 194(2) are here to make sure our Parliament and state legislatures work smoothly. They let lawmakers speak without fear, but they don’t mean lawmakers can break the law.
    • Balancing Act: What the bigger Bench decides will shape how lawmakers can be prosecuted for bribery, a matter that’s incredibly important for India’s democracy.

  • Constitutionality of SC/ST Reservation Extensions in LS, Assemblies: A Critical Examination

    Central Idea

    • A Constitution Bench led by Chief Justice of India D.Y. Chandrachud is set to scrutinize the constitutional validity of repeatedly extending the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs) in the Lok Sabha and State Legislative Assemblies.

    Historical Context of Reservation

    • Original Intent: The Constituent Assembly, led by Dr. B.R. Ambedkar, initially envisioned reservation for SCs/STs for ten years from the commencement of the Indian Constitution in 1950.
    • Amendments to Article 334: Article 334 of the Constitution, addressing the duration of SC/ST and Anglo-Indian seat reservations, underwent multiple amendments. Each time, the deadline for ending the reservation was extended by approximately ten years.
    • The 2019 Amendment: The Constitution (104th Amendment) Act of 2019 abolished the reservation for the Anglo-Indian community and set the deadline to terminate SC/ST reservation in the Lok Sabha and State Legislative Assemblies for 2030. This extended the reservation period to 80 years from the Constitution’s adoption.

    Examining Parliament’s Constituent Power

    • Key Question: The Constitution Bench will assess whether Parliament’s constituent power to amend Article 334 repeatedly, extending the SC/ST seat reservation, is constitutionally valid.
    • Limited Scope: The examination will focus solely on the 104th Constitution Amendment Act of 2019 concerning SC/ST communities and will not address the termination of the Anglo-Indian quota.
    • Impact of Continuous Reservations: The petitioner’s argument contends that persistent extensions of reservation restrict electoral choice by excluding members of other communities from contesting elections. This, they argue, infringes upon the fundamental right to equality under Article 14 of the Constitution.
    • Violation of Fundamental Right: The petition asserts that these recurrent extensions violate the basic structure of the Constitution by denying other communities the opportunity to contest in reserved seats, impinging upon their right to equal representation in government.

    Government’s Perspective

    • Union of India’s Stand: Represented by the Attorney General and Solicitor General, the Union of India contends that the 104th Constitution Amendment Act is constitutionally valid.

    What next?

    • The Constitution Bench has scheduled the hearing.
    • This critical examination of SC/ST reservation extensions raises profound questions about constitutional principles and the right to equality in Indian democracy.

  • Evolution of “Socialist” and “Secular” in Indian Constitution’s Preamble

    preamble

    Central Idea

    • The inclusion of the terms “socialist” and “secular” in the Preamble of the Indian Constitution has recently sparked debate.
    • Leader of the a party in Lok Sabha has raised concerns about these words in the Preamble.

    Significance of the Preamble

    • The Preamble encapsulates the core principles and objectives of the Indian Constitution.
    • It serves as an introduction to the Constitution, outlining its fundamental ideals.

    Original Preamble

    • Content in 1950: The Preamble, when the Constitution came into effect in 1950, did not include the terms “socialist” and “secular.” It reflected the vision and objectives of the Constituent Assembly at that time.

    Addition of “Socialist” and “Secular”

    • The 42nd Amendment: During the Emergency imposed by Prime Minister Indira Gandhi in 1976, the terms “socialist” and “secular” were added to the Preamble through The Constitution (42nd Amendment) Act, 1976.
    • Indira Gandhi’s Agenda: Indira Gandhi’s government aimed to emphasize a socialist and pro-poor image, aligning with slogans such as “garibi hatao” (Eradicate poverty). The addition of “socialist” highlighted socialism as a fundamental goal of the Indian state.
    • Distinctive Indian Socialism: The Indian version of socialism did not endorse complete nationalization but emphasized selective nationalization of essential sectors.

    Understanding “Secular”

    • Religious Diversity: India is home to diverse religious beliefs and practices. The term “secular” was added to the Preamble to promote unity and fraternity among people of various faiths.
    • State Neutrality: Secularism in the Indian context implies that the state maintains neutrality and impartiality towards all religions. It does not favor any particular religion as a “state religion.”
    • Secularism as Law: Articles 25-28 of the Constitution secure the secular nature of the Indian state.
    • Inherent in the Constitution: The philosophy of secularism was inherent in the Constitution even before the 42nd Amendment.

    Debates Surrounding “Socialist” and “Secular”

    • Consensus on Secularism: The concept of secularism was already part of the Constitution’s philosophy. The insertion of the word “secular” in the Preamble simply made explicit what was implicit in various provisions.
    • Constituent Assembly Discussions: The Constituent Assembly debated including these words in the Preamble but decided against it.
    • Dr. B. R. Ambedkar’s Perspective: Dr. B. R. Ambedkar argued that issues related to the state’s policy, organization, and economic aspects should be determined by the people, not dictated by the Constitution itself.
    • Ongoing Debates: Over the years, there have been petitions and discussions regarding the removal of “socialist” and “secular” from the Preamble. Some argue that these terms were added arbitrarily during the Emergency.

    Conclusion

    • The presence of “socialist” and “secular” in the Preamble remains a topic of discussion and legal challenges, with differing views on their inclusion and significance in shaping India’s constitutional identity.

  • Constitution Bench to hear challenge to Section 6A of Citizenship Act  

    Central Idea

    • A Constitution Bench has decided to commence hearings regarding a series of petitions that challenge the constitutionality of Section 6A of the Citizenship Act, of 1955.

    Background of Section 6A

    • Section 6A was introduced as a special provision in the 1955 Act following the signing of the ‘Assam Accord‘ Memorandum of Settlement on August 15, 1985.
    • This accord, facilitated by the Rajiv Gandhi government, aimed to protect the cultural, linguistic, and social identity of Assam.
    • It marked the end of a six-year-long agitation led by the All Assam Students Union against illegal immigrants, primarily from Bangladesh.

    Legal Challenge

    • Centre’s Defense: The Union government has maintained that Section 6A is legally sound and urged the court to dismiss the petitions. These petitions were filed nearly 40 years after the enactment of Section 6A.
    • Provisions of Section 6A: Under Section 6A, foreigners who entered Assam before January 1, 1966, and were “ordinarily resident” in the State, were granted all the rights and obligations of Indian citizens. Those who arrived in the State between January 1, 1966, and March 25, 1971, were accorded similar rights and obligations but could not vote for a period of 10 years.
    • Challenging Discrimination: Petitioners, including Assam Public Works and others, argue that Section 6A’s “discriminatory” nature in granting citizenship to immigrants, especially illegal ones, is in violation of Article 6 of the Constitution, which establishes the cutoff date for granting citizenship to immigrants as July 19, 1948.

    Key Points of Contention

    • Conservation of Cultural Rights: The Assam Sanmilita Mahasangha, a Guwahati-based civil society organization, has demanded the updating of the National Register of Citizens (NRC) for Assam based on the 1951 NRC rather than the electoral rolls of March 1971.
    • Supreme Court’s Involvement: In December 2014, the Supreme Court formulated 13 questions encompassing various issues related to the constitutionality of Section 6A, including its impact on the political rights of Assam’s citizens and whether it violated the rights of the Assamese people to preserve their cultural identity. In 2015, a three-judge Bench referred the case to a Constitution Bench.

    Why discuss this?

    • The Section 6A case has been pending for several years, coinciding with the Supreme Court’s monitoring of the final Assam NRC list in August 2019, which excluded over 19 lakh individuals.
    • Additionally, the past years witnessed the enactment of the contentious Citizenship (Amendment) Act, which granted accelerated citizenship to immigrants from minority communities in Afghanistan, Bangladesh, and Pakistan.

    What lies ahead?

    • The upcoming hearings on Section 6A will provide a crucial legal examination of its constitutionality and its implications for the protection of cultural rights and the status of immigrants in Assam.

  • Delimitation Debate: Gender vs. Regional Caste Identities

    Delimitation

    Central Idea

    • The Constitution (One Hundred and Twenty-Sixth Amendment) Bill, 2023, also known as the Nari Shakti Vandan Adhiniyam, has successfully passed in the Lok Sabha.
    • This bill aims to provide 33% reservation for women in both the Lok Sabha and state Assemblies, marking a significant milestone in Indian politics.

    What is Delimitation?

    • Objective: Delimitation aims to redraw constituency boundaries to maintain equal population representation in Assembly and Lok Sabha seats.
    • Changing Constituencies: Delimitation may result in the alteration of constituency limits and, in some cases, the number of seats in a state.

    Delimitation Process and Commission

    • Independent Delimitation Commission: Delimitation is carried out by an independent Delimitation Commission (DC) constituted by the Union government.
    • Terms of Reference: The DC determines the number and boundaries of constituencies, ensuring population equality and identifying reserved seats for Scheduled Castes and Scheduled Tribes.
    • Implementation: The draft proposals are published for public feedback, followed by public sittings to consider objections and suggestions. The final order is published in official gazettes.

    Historical Context of Delimitation

    • Early Delimitation Exercises: The first delimitation exercise in 1950-51 was conducted by the President. Subsequently, the responsibility was shifted to independent Delimitation Commissions.
    • Frequency of Delimitation: Delimitation has been carried out four times, in 1952, 1963, 1973, and 2002, based on the Acts enacted in respective years.

    Postponement of Delimitation until 2026

    • Frozen Seats: Delimitation was postponed after the 1981 and 1991 Censuses, freezing the number of seats in Lok Sabha and Assemblies.
    • Justification for Postponement: An amendment further delayed delimitation until 2026, with the rationale that uniform population growth would be achieved throughout the country by that time.
    • The Last Delimitation: The most recent delimitation exercise, based on the 2001 Census, focused on adjusting boundaries of existing seats and reworking the number of reserved seats.

    Reservation Contingent on Delimitation

    • Impending Change: Despite the Lok Sabha’s approval, the implementation of the 33% women’s reservation is not immediate. It hinges on two key processes: a delimitation exercise and a Census.
    • Delimitation Explained: Delimitation involves redrawing Parliamentary and Assembly constituency boundaries to ensure equitable representation based on the latest population data.
    • 2021 Census Impact: The 2021 Census, once conducted, will serve as the basis for the delimitation exercise, resulting in an increase in the number of constituencies. Of these, 33% will be reserved for women in future elections.

    Delimitation: Why It’s Necessary

    • Equitable Representation: Delimitation is essential to ensure that every citizen’s vote carries equal weight, aligning the number of constituencies with population changes.
    • Preventing Gerrymandering: It also safeguards against gerrymandering, the manipulation of seat boundaries to favor one political party.
    • Constitutional Mandate: The Constitution mandates delimitation after each Census to reallocate seats in Lok Sabha and state Assemblies.

    Political Complexity of Delimitation

    • Population Dynamics: Delimitation has significant political implications, particularly regarding the redistribution of seats among states.
    • Concerns of States: Population control efforts influenced seat allocation, creating concerns for states with varying levels of population control.
    • Freeze on Seat Numbers: Political concerns led to a freeze on the number of seats in Parliament and Assemblies until 2026, extending family planning efforts.

    Gender vs. Regional Identities

    • Dual Shifts: The upcoming delimitation will bring two significant shifts: from southern to northern and eastern states and from male to female representation.
    • Women’s Empowerment: While concerns over diminishing state influence may arise, national consensus on women’s empowerment prevails.
    • Population Skew: Northern states may gain more seats, while southern states could lose representation due to varying population growth rates.
    • Impact on OBC Politics: Autonomous OBC politics in Hindi heartland states could weaken as the focus shifts to gender representation.
    • BJP’s Strategy: The BJP seeks to strengthen its social base by championing women’s empowerment alongside its Hindutva and pan-national identity politics.
    • Complex Landscape: Gender representation introduces an additional layer to the uni-dimensional politics of caste and regional identities, reshaping the political landscape.

    Conclusion

    • The interplay between delimitation, gender reservation, and regional caste identities poses complex challenges in Indian politics.
    • Striking a balance between these dynamics will shape the future of representation and governance in the country.

  • 73rd and 74th Amendments and Reservation for Women

    Central Idea

    • The center introduced The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, marking a historic step towards reserving 33% of seats for women in Lok Sabha and state Legislative Assemblies.

    73rd and 74th Amendments: Foundations 

    • Pioneering Amendments (1992): The Constitution (Seventy-third Amendment) Act, 1992, and The Constitution (Seventy-fourth Amendment) Act, 1992, laid the groundwork for women’s reservation.
    • Narsimha Rao’s tenure: Enacted during Prime Minister P.V. Narasimha Rao’s tenure, these amendments mandated the reservation of one-third of seats for women in Panchayati Raj institutions and chairperson offices at all levels, as well as in urban local bodies.
    • Effective Dates: These amendments took effect on April 24, 1993, and June 1, 1993, respectively.

    Background to the Amendments

    • Balwantrai Mehta Committee (1957): The Balwantrai Mehta Committee recommended the establishment of village-level agencies to represent community interests and execute government development programs. It called for elected local bodies with devolved resources and authority.
    • Asoka Mehta Committee (1977): The Asoka Mehta Committee proposed a shift of Panchayati Raj towards a political institution. It identified bureaucratic resistance, political apathy, and role ambiguity as factors undermining Panchayati Raj.
    • State Initiatives: Karnataka, West Bengal, and Andhra Pradesh passed laws based on the Asoka Mehta Committee report to strengthen Panchayati Raj. An attempt to enact a national strengthening law through The Constitution (Sixty-fourth Amendment) Bill in 1989, during Prime Minister Rajiv Gandhi’s tenure, was unsuccessful in the Rajya Sabha.

    Key Features of the Amendments

    • Local Self-Governance: The 73rd and 74th Constitution Amendment Acts established local self-governance in rural and urban India, respectively.
    • Institutions of Self-Government: Panchayats and municipalities became “institutions of self-government.”
    • Empowering Gram Sabha and Ward Committees: The gram sabha became the foundational unit of village democracy, while municipalities formed “ward committees.” These bodies included all adult citizens registered as voters, holding the panchayat or municipality accountable.
    • Direct Elections: Direct elections introduced for all three governance tiers: gram panchayat at the village level, taluka or block panchayat at the intermediate level, and zila panchayat or parishad at the district level. States with populations under 20 lakh were exempt.
    • Women’s Reservation: One-third of seats were reserved for women, with an additional 33% reservation for SCs and STs. Office-bearer and chairperson positions at all levels also reserved for women.
    • Fixed Tenure: Each body had a five-year tenure, and elections for successor bodies had to conclude before the previous body’s term ended. In cases of dissolution, elections had to occur within six months.
    • State Election Commissions: Each state established a State Election Commission for electoral roll supervision.
    • Development Planning: Panchayats were tasked with creating economic development and social justice plans, covering subjects in the Eleventh Schedule, such as agriculture, land, irrigation, animal husbandry, fisheries, cottage industries, and drinking water.
    • District Planning Committees: The 74th Amendment introduced District Planning Committees to consolidate plans prepared by panchayats and municipalities.

    Conclusion

    • Progressive Foundations: The journey toward women’s political representation in India has been shaped by decades of struggle, starting from grassroots committees to constitutional amendments.
    • Empowering Local Governance: The 73rd and 74th Amendments laid the foundation for robust local self-governance, empowering rural and urban communities.
    • Women’s Reservation: The inclusion of women’s reservation as a crucial component signifies India’s commitment to gender parity in political decision-making at all levels.
    • Continued Progress: With the introduction of The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023, India takes another step forward in its commitment to gender equality and empowerment.

  • 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