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Subject: Polity

  • What is Article 355 of Indian Constitution?

    Considering the law and order situation in West Bengal, some politicians demanded the invoking of Article 355 to ensure the State is governed as per the provisions of the Constitution.

    What is Article 355?

    • It states that-

    “It shall be the duty of the Union to protect every State against external aggression and internal disturbance and to ensure that the Government of every State is carried on in accordance with the provisions of this Constitution.”

    Cases for its invocation

    • This article thus comes handy when there are communal violence incidents. Over the period, this article has gained a different texture.
    • We know that the “public order” and “police” are state subject and states have exclusive power to legislate on these matters.
    • These subjects were entrusted to states because states would be in better position to handle any law and order problem.
    • Management of Police by states was also seen as administratively convenient and efficient.
    • However, there might be some circumstances where states are unable to maintain public order and protect people.
    • In such situation, centre can invoke article 355 and take measures such as taking law and order of state under its own hand, deployment of military etc.

     

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  • Indian Legislative Service

    Context

    The appointment of Dr. P.P.K. Ramacharyulu as the Secretary-General of the Upper House by M. Venkaiah Naidu, Chairman of the Rajya Sabha, on September 1, 2021, was news that drew much attention. Ramacharyulu was the first-ever Rajya Sabha secretariat staff who rose to become the Secretary-General of the Upper House.

    Responsibilities and role of Secretaries-General of both the Houses

    • Secretaries-General of both the Houses are mandated with many parliamentary and administrative responsibilities.
    • Privileges: The Secretary-General also enjoys certain privileges such as freedom from arrest, immunity from criminal proceedings, and any obstruction and breach of their rights would amount to contempt of the House.

    Principle of secretariate independent of executive government

    • Article 98 of the Constitution provides the scope of separate secretariats for the two Houses of Parliament.
    • The principle, hence, laid in the Article is that the secretariats should be independent of the executive government. 

    Issues with appointing civil servant

    • A separate secretariat marks a feature of a functioning parliamentary democracy.
    • Against the principle of independence: Serving civil servants or those who are retired come with long-held baggage and the clout of their past career.
    • When civil servants are hired to the post of Secretary-General, this not only dishonours the purpose of ensuring the independence of the Secretariat but also leads to a conflict of interests.
    • Against the principle of separation of power: It breaches the principle of separation of power.
    • The officials mandated with exercising one area of power may not expect to exercise the others.
    • Lack of expertise: One of the prerequisites that demand the post of the Secretary-General is unfailing knowledge and vast experience of parliamentary procedures, practices and precedents.
    • Most of the civil servants lack precisely this aspect of expertise.

    Way forward: All-India service

    • There are thousands of legislative bodies in India, ranging from the panchayat, block panchayat, zila parishad, municipal corporations to State legislatures and Union Parliament at the national level.
    • Despite these mammoth law-making bodies, they lack their own common public recruiting and training agency at the national level.
    • Ensuring competent and robust legislative institutions demands having qualified and well-trained staff in place.
    • The growth of modern government and expansion of governmental activities require a matching development and laborious legislative exercise.
    • Creating a common all-India service cadre — an Indian Legislative Service — is a must.
    • The Rajya Sabha can, under Article 312, pass a resolution to this effect.
    • In the United Kingdom, the Clerk of the House of Commons has always been appointed from the legislative staff pool created to serve Parliament.
    • It is high time that India adapts and adopts such democratic institutional practices.

    Conclusion

    A common service can build a combined and experienced legislative staff cadre, enabling them to serve from across local bodies to Union Parliament.

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  • How is the President of India Elected?

    The presidential polls are expected to be held in July to decide on the successor of President Ram Nath Kovind, who will complete his term on July 24, 2022.

    The President of India

    • The President of India is recognised as the first citizen of the country and the head of the state.
    • The elected President of India is a part of the Union Executive along with several other members of the parliament including the Prime Minister, Attorney-General of India and the Vice – president.

    Electing the President

    • The provisions of the election of the President are laid down in Article 54 of the Constitution of India.
    • The Presidential and Vice-Presidential Election Act 1952 led to the establishment of this Constitutional provision.

    Qualifications to become the President of India

    The qualification of be the President of India are given below:

    • He/ She must be an Indian citizen
    • A person must have completed the age of 35.
    • A person must be qualified for election as a member of the House of the People.
    • Must not hold a government (central or state) office of profit
    • A person is eligible for election as President if he/she is holding the office of President or Vice-President.

    Actual course of election

    • The President of India is elected indirectly by an Electoral College following the system of proportional representation utilizing a single transferable vote system and secret ballots.
    • MPs and MLAs vote based on parity and uniformity values.

    Electoral College composition-

    (1) Legislative Assemblies of the States:

    • According to the provision of Article 333, every state’s Legislative Assembly must consist of not less than 60 members but not more than 500 members.

    (2) Council of States:

    • 12 members are nominated by the President of India based on skills or knowledge in literature, arts, science, and social service to act as the members of the Council of States.
    • In total, 238 represent act as representatives from both the States and Union Territories.

    (2) House of the People:

    • The composition of the House of People consists of 530 members (no exceeding) from the state territorial constituencies.
    • They are elected through direct election.
    • The President further elects 20 more members (no exceeding) from the Union Territories.

    Uniformity in the scale of representation of states

    To maintain the proportionality between the values of the votes, the following formula is used:

    Value of vote of an MLA= total no. of the population of the particular state/ number of elected MLAs of that state divided by 1000.

    Single vote system

    • During the presidential election, one voter can cast only one vote.
    • While the MLAs vote may vary state to state, the MPs vote always remain constant.

    MPs and MLAs vote balance

    • The number of the total value of the MPs votes must equal the total value of the MLAs to maintain the State and the Union balance.

    Quotas:

    • The candidate reaching the winning quota or exceeding it is the winner.
    • The formula sued is ‘Winning quota total number of poll/ no.of seats + 1’.

    Voters’ preference:

    • During the presidential election, the voter casts his vote in favor of his first preferred candidate.
    • However, in case the first preference candidate does not touch the winning quota, the vote automatically goes to the second preference.
    • The first preferred candidate with the lowest vote is eliminated and the votes in his/her favor are transferred to the remaining candidates.

    Why need Proportional representation?

    • The President of India is elected through proportional representation using the means of the single transferable vote (Article 55(3)).
    • It allows the independent candidates and minority parties to have the chance of representation.
    • It allows the practice of coalition with many voters under one government.
    • This system ensures that candidates who are elected don’t represent the majority of the electorate’s opinion.

    Why is President indirectly elected?

    If Presidents were to be elected directly, it would become very complicated.

    • It would, in fact, be a disaster because the public doesn’t have the absolute clarity of how the president-ship runs or if the candidate fits the profile of a president.
    • Another reason why the direct election system isn’t favorable is that the candidate running for the president’s profile will have to campaign around the country with the aid of a political party.
    • And, this will result in a massive political instability.
    • Moreover, it would be difficult and impossible for the government to hand out election machinery (given the vast population of India).
    • This will cost the government financially, and may end up affecting the economy as well.
    • The indirect election system is a respectable system for the First Man of India (rightly deserving).
    • The system/method of indirect electing of the president also allows the states to maintain neutrality and minimize hostility.

     

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  • What is Reasonable Accommodation Principle?

    The Karnataka High Court decision effectively upheld the denial of entry to students wearing the hijab. The court rejected an argument in support of permitting Muslim girls wearing head-scarves that was based on the principle of ‘reasonable accommodation’.

    What is Reasonable Accommodation?

    • ‘Reasonable accommodation’ is a principle that promotes equality, enables the grant of positive rights and prevents discrimination based on disability, health condition or personal belief.
    • Its use is primarily in the disability rights sector.
    • The provision plays a major role in addressing these barriers and thus contributes to greater workplace equality, diversity and inclusion.

    Article 2 of the UN Convention on the Rights of People with Disabilities (UNCRPD) defines:

    • Reasonable accommodation is “necessary and appropriate modification and adjustments not imposing a disproportionate or undue burden, where needed in a particular case, to ensure to persons with disabilities the enjoyment or exercise on an equal basis with others of all human rights and fundamental freedoms”.

    International Labour Organization (ILO), in its recommendation on HIV/AIDS and the world of work, defines:

    • It is “any modification or adjustment to a job or to the workplace that is reasonably practicable and enables a person living with HIV or AIDS to have access to, or participate or advance in, employment”.

    How does the principle work?

    • The general principle is that reasonable accommodation should be provided, unless some undue hardship is caused by such accommodation.
    • A modified working environment, shortened or staggered working hours, additional support from supervisory staff and reduced work commitments are ways in which accommodation can be made.
    • Suitable changes in recruitment processes — allowing scribes during written tests or sign language interpreters during interviews — will also be a form of accommodation.

    What is the legal position on this in India?

    • In India, the Rights of People with Disabilities Act, 2016, defines ‘reasonable accommodation’ as “necessary and appropriate modification and adjustments, without imposing a disproportionate or undue burden in a particular case, to ensure to PwD the enjoyment or exercise of rights equally with others”.
    • The definition of ‘discrimination’ in Section 2(h) includes ‘denial of reasonable accommodation’.
    • In Section 3, which deals with equality and non-discrimination, sub-section (5) says: “The appropriate Government shall take necessary steps to ensure reasonable accommodation for persons with disabilities.”

    Judicial interpretation of Reasonable Accommodation

    • In Jeeja Ghosh and Another v. Union of India and Others (2016), the Supreme Court, awarded a compensation of â‚č10 lakh to a passenger with cerebral palsy who was evicted from a flight after boarding.
    • It said: “Equality not only implies preventing discrimination …, but goes beyond in remedying discrimination against groups suffering systematic discrimination in society.
    • In concrete terms, it means embracing the notion of positive rights, affirmative action and reasonable accommodation.
    • The Supreme Court elaborated on the concept in Vikash Kumar v. UPSC (2021).
    • This was a case in which the court allowed the use of a scribe in the Union Public Service Commission examination for a candidate with dysgraphia, or writer’s cramp.
    • It said failure to provide reasonable accommodation amounts to discrimination.

    Context to the recent K’taka verdict

    • In the recent Karnataka verdict on wearing the hijab, the High Court did not accept the argument for allowing minor variations to the uniform to accommodate personal religious belief.
    • The HC meant that the court did not favour making any change or adjustment to the rule that could have enabled the students to maintain their belief or practice even while adhering to the uniform rule.
    • The appeal against the verdict in the Supreme Court provides an opportunity to see if the concept can be used in the realm of belief and conscience too.

     

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  • Wearing hijab is not essential part of religion: Karnataka HC

    The Karnataka High Court has upheld the ban on the wearing of hijab (head scarf) by students in schools and colleges in the State.

    [Burning Issue] Freedom of religion and attire

    The Judgment

    • The judgment was delivered by a three-judge bench comprising Chief Justice Ritu Raj Awasthi, Justice Krishna S. Dixit and Justice J.M. Khazi.
    • It rejected all the petitions filed by girl students of pre-university colleges in Udupi district.

    Key takeaways

    • The HC held that wearing hijab is not an essential religious practice in Islam and is not, therefore, protected under by the right to freedom of religion guaranteed by Article 25 of the Constitution.
    • The court said it was a reasonable restriction that was constitutionally permissible.
    • The Bench also upheld the legality of the order prescribing guidelines for uniforms in schools and pre-university colleges under the provisions of the Karnataka Education Act, 1983.
    • The court said that school uniform will cease to be a uniform if hijab is also allowed.

    What else did the court observe?

    • The Bench also spoke about the possibility of some “unseen hands” behind the hijab row to engineer social unrest and disharmony.
    • It expressed dismay over the issue being blown out of proportion by the powers that be.

    Reactions on the Judgment

    • Some factions have said that the order is a blow to right to education for Muslim women.
    • Other see it as an empowerment of women.
    • Feminists says that it’s not about an item of clothing, it’s about the right of a woman to choose how she wants to dress.
    • The Leftists perceived it as a blow against the universal right to education without discrimination, guaranteed by the law and the Constitution of India.

     

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  • SC averse to ‘Sealed Cover Jurisprudence’

    Two separate Benches of the Supreme Court tore into the “sealed cover jurisprudence” practiced by the government in courts.

    What is the news?

    • The Supreme Court has allowed the Malayalam TV news channel MediaOne to resume broadcast, nearly six weeks after the government revoked its security clearance forcing it to shut down.
    • The channel was given security clearance by the MHA in February 2011 following which it obtained a licence to operate the channel in September 2011.
    • On January 5 this year, the channel was issued notice to revoke permission on the ground of “national security and public order”.
    • In February 2020, the channel’s licence was briefly suspended by MHA following its coverage of the Delhi riots.

    What did the court observe?

    • The court was critical about how the government and its agencies file reports in sealed envelopes directly in court without sharing the contents with the opposite party.
    • Being kept in the dark about the material contained in a sealed cover report, the petitioners are crippled in mounting a defence, not knowing what they are supposed to defend against.
    • At times, their cases, mostly involving fundamental rights such as personal liberty, are dismissed on the basis of the secret contents ensconced in the sealed covers.

    What is Sealed Cover Jurisprudence?

    • It is a practice used by the Supreme Court and sometimes lower courts, of asking for or accepting information from government agencies in sealed envelopes that can only be accessed by judges.
    • A specific law does not define the doctrine of sealed cover.
    • The Supreme Court derives its power to use it from Rule 7 of order XIII of the Supreme Court Rules and Section 123 of the Indian Evidence Act of 1872.

    Nature of the power: Upholding Secrecy

    • If the Chief Justice or court directs certain information to be kept under sealed cover or considers it of confidential nature, no party would be allowed access to the contents of such information.
    • There is an exception to this if the Chief Justice himself orders that the opposite party be allowed to access it.
    • It also mentions that information can be kept confidential if its publication is not considered to be in the interest of the public.
    • As for the Evidence Act, official unpublished documents relating to state affairs are protected and a public officer cannot be compelled to disclose such documents.

    Grounds of such secrecy

    Other instances where information may be sought in secrecy or confidence is when its publication:

    1. Impedes an ongoing investigation
    2. Details which are part of the police’s case diary or
    3. Breaches the privacy of an individual

    Prominent cases of sealed jurisprudence

    Sealed cover jurisprudence has been frequently employed by courts in the recent past.

    (1) Rafale Deal

    • In the case pertaining to the controversial Rafale fighter jet deal, a Bench headed by CJI Ranjan Gogoi in 2018, had asked the Centre to submit details related to deal’s decision making and pricing in a sealed cover.
    • This was done as the Centre had contended that such details were subject to the Official Secrets Act and Secrecy clauses in the deal.

    (2) Bhim Koregaon Case

    • In the Bhima Koregaon case, in which activists were arrested under the Unlawful Activities Prevention Act.
    • The Supreme Court had relied on information submitted by the Maharashtra police in a sealed cover.

    Criticism of such acts

    • Critics of this practice contend that it is not favorable to the principles of transparency and accountability of the Indian justice system.
    • It stands in contrast to the idea of an open court, where decisions can be subjected to public scrutiny.
    • It is also said to enlarge the scope for arbitrariness in court decisions, as judges are supposed to lay down the reasoning for their decisions.
    • Besides, it is argued that not providing access to such documents to the accused parties obstructs their passage to a fair trial and adjudication.

    How has the judiciary responded to this?

    • In the 2019 judgment in the case of P Gopalakrishnan V. The State of Kerala, the Supreme Court had said that disclosure of documents to the accused is constitutionally mandated.
    • This is possible even if the investigation is ongoing and said documents may lead to breakthroughs in the investigation.

     

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  • Government seeks law on Rights of Foreigners

    The Union government has urged the Supreme Court to help lay down a law with a “long–lasting” implication for the country on the subject of Foreigners’ Right to approach local courts for relief after violating their visa conditions.

    Why in news?

    • The government’s request came during the hearing of petitions filed by foreign nationals who were charged with violating COVID-19 guidelines by participating in a religious congregation in New Delhi during peak COVID outbreak.

    Citizens vs. Foreigners Rights

    Fundamental Rights available to both Citizens and Foreigners (except enemy aliens)

    Fundamental Rights Available Only to Citizens of India
    • Article 14 – Equality before the law and equal protection of laws
    • Article 20 – Protection in respect of conviction for offences
    • Article 21 – Protection of life and personal liberty
    • Article 21A – Right to elementary education
    • Article 22 – Protection against arrest and detention in certain cases
    • Article 23 – Prohibition of traffic in human beings and forced labour
    • Article 24 – Prohibition of employment of children in factories etc
    • Article 25 – Freedom of conscience and free profession, practice and propagation of religion
    • Article 26 – Freedom to manage religious affairs
    • Article 27 – Freedom from payment of taxes for promotion of any religion
    • Article 28 – Freedom from attending religious instruction or worship in certain educational institutions
    • Article 15 – Prohibition of discrimination on grounds of religion, race, caste, sex or place of birth
    • Article 16 – Equality of opportunity in matters of public employment
    • Article 19 – Protection of six rights related to freedom – (a) of speech and expression; (b) to assemble peaceably and without arms; (c) to form associations or unions; (d) to move freely throughout the territory of India; (e) to reside and settle in any part of the territory of India; and (f) to practice any profession, or to carry on any occupation, trade or business
    • Article 29 – Protection of language, script and culture of minorities
    • Article 30 – Right of minorities to establish and administer educational institutions

     

     

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  • Electoral democracy vs constitutional democracy: Post-poll lessons

    Context

    The recently concluded assembly elections have some larger implications that we need to take note of. The consequences are not confined to the five states where the electoral battle was fought.

    Undermining of non-electoral dimensions of democracy

    • In much of the world, the electoral aspects of democracy are now being used to undermine the non-electoral dimensions of democracy.
    • Today, such contradictions exist in Turkey, Poland, Hungary, Russia, to name just a few countries.
    • A freely conducted vote can thus be used to cripple the other freedoms that modern democracies also value.

    How electoral democracy can be a vehicle of assault on constitutional democracy

    • The triumph of such politics can now be used in three ways — in executive decrees, in legislative chambers to formulate laws, and on the street via vigilante forces.
    • Though minority rights are enshrined in India’s Constitution, election victories can now be used to create laws, or government policies that begin to attack precisely those rights.
    • Role of judiciary: The courts are the final custodian of constitutional proprieties in a democracy and can frustrate a legislative or executive attack on the Constitution.
    • But that depends on whether the judiciary is willing to play its constitutionally assigned role.
    • Judicial interpretation can go either way – in favour of the government or against it.

    Contradictory aspects of democracy from other parts of the world

    • These contradictory aspects of democracy do have older roots.
    • We can go all the way back to some tendencies that emerged in the democracy of America’s southern states in the 1880s, which lasted till the 1960s.
    • America’s Blacks lost their equality as well as franchise, and the courts did not invalidate a majoritarian attack on their rights.
    • The history of 1930s Germany is also viewed as an example of how democracy undermined democracy.
    • As early as the 1950s, Sri Lanka imposed a “Sinhala only” policy on the Tamil minority of the country.
    •  In the 1980s, a civil war was born as a consequence.
    • In Malaysia, following roughly similar policies, the Malay majority sidelined the Chinese minority.
    • Internal tensions and aggravations rose but, unlike Sri Lanka, a civil war did not.
    • The minorities pursued their interests by entering into coalitions with political parties within the larger parameters of the polity.

    Consider the question “How the electoral aspect of the democracy can affect the non-electoral aspect of the democracy. What are the implications of such phenomenon for the democracy?”

    Conclusion

    This process can be called the battle between electoral democracy and constitutional democracy. Processes internal to the democratic system can severely weaken democracy itself, even causing its collapse.

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  • Sealed cover’ jurisprudence is appalling

    Context

    A Division Bench of the Kerala High Court has dismissed the appeal filed by a television channel. The trouble emanating from the judgment is that the state need not even show that its security is threatened. It can conveniently choose the ‘sealed cover’ route.

    Background of the case

    • The Ministry had said that the licence could not be renewed for reasons related to national security.
    • The stand of the Government was endorsed by both the Single and Division Benches of the High Court.
    •  In the judgment of March 2, the Division Bench said: “It is true that the nature, impact, gravity and depth of the issue is not discernible from the files.
    • Still, the Bench chose to dismiss the appeals by bluntly saying that “there are clear and significant indications impacting the public order and security of the state”.
    • All that is necessary to ban a news broadcaster are these ‘indications’ — which are never revealed to the broadcaster.

    Issues with the judgement

    1] Violation of the fundamental rights

    • A whole set of rights are directly hit by the ban. The first is the  right to freedom of speech and expression of the television channel.
    • The rights to association, occupation and business are also impacted.
    • Moreover, the viewers also have a right to receive ideas and information.
    • All these rights are altogether suspended by the executive. The only contingency in which these rights under Article 19(1) can be interfered with are reasonable restrictions under Article 19(2).
    • The judgment creates a situation that endorses the breach of fundamental rights on the one hand, and blocks remedy for the victim through a court of law and a process known to law on the other hand.

    2] Takes away the power of judicial review

    • India’s Constitution does not give a free hand to the executive to pass arbitrary orders violating such rights.
    • Basic feature of the Constitution: The Supreme Court of India has repeatedly held that judicial review of executive action is the basic feature of the Constitution.
    • The decisions in Minerva Mills vs Union of India (1980) and L. Chandra Kumar vs Union of India (1997) reiterated this fundamental principle.
    • Test of reasonable restriction: If the executive wishes to limit rights — in this case, censor or restrict speech — it must show that the test of reasonable restrictions is satisfied.
    • The ‘sealed cover’ practice inverses this position.

    3] Lack of examination of national security ground

    • There was no examination of the national security plea based on the proportionality analysis, well established in our recent jurisprudence.
    • Also, when a three-judge Bench in the Pegasus case ( Manohar Lal Sharma vs Union of India, 2021) has categorically held that the state does not get a “free pass every time the spectre of ‘national security’ is raised”.

    Proportionality analysis

    • In Modern Dental College vs State of Madhya Pradesh (2016), the top court adopted the proportionality test “a limitation of a constitutional right will be constitutionally permissible if:
    • (i) it is designated for a proper purpose
    • (ii) the measures undertaken to effectuate such a limitation are rationally connected to the fulfillment of that purpose;
    • (iii) the measures undertaken are necessary in that there are no alternative measures that may similarly achieve that same purpose with a lesser degree of limitation; and finally
    • (iv) there needs to be a proper relation (‘proportionality stricto sensu’ or ‘balancing’) between the importance of achieving the proper purpose and the social importance of preventing the limitation on the constitutional right”.
    • This was reiterated in K.S. Puttaswamy vs Union of India (2017).

    Conclusion

    The MediaOne case might create a real problem area that needs resolution by the Supreme Court.

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  • Women and Politics

    Context

    For a proper appraisal of the relations between gender and democracy, we ought to examine the links between violence, representation, and the political participation of women.

    Role of women in South Asian democracy

    • Historically, one of the peculiar paradoxes of South Asian democracy has been the continued presence of strong women leaders at the executive centre coupled with a generally appalling condition of women in society at large.
    • South Asia has had the largest number of women heads of state — including Sirimavo Bandaranaike, Chandrika Kumaratunga, Indira Gandhi, Khaleda Zia, Sheikh Hasina, and Benazir Bhutto — of any region in the world till recently.
    • Under-represented: While women have played very visible and important roles at the higher echelons of power and at the grassroots level in social movements, they have been under-represented in political parties as officials and as members of key decision-making bodies.

    Electoral representation of women in India

    • In India, women currently make up 14.6 per cent of MPs (78 MPs) in the Lok Sabha, which is a historic high.
    • Although the percentage is modest, it is remarkable because women barely made up 9 per cent of the overall candidates in 2019.
    • In electoral representation, has fallen several places in the Inter-Parliamentary Union’s global ranking of women’s parliamentary presence, from 117 after the 2014 election to 143 as of January 2020. 
    • In terms of electoral quotas, there were two outstanding exceptions in the 2019 general elections.
    • Voluntary parliamentary quota: West Bengal under Mamata Banerjee and Odisha under Naveen Patnaik opted for voluntary parliamentary quotas, fielding 40 per cent and 33 per cent women candidates, respectively.

    Growing turnout of women voters and its implications

    • Assertion of citizenship rights: In 1962, the male voter turnout in India was 16 percentage points higher than for women. Six decades later, in the 2019 Lok Sabha elections, women’s participation exceeded that of men for the first time.
    • This suggests an increasing assertion of citizenship rights among women.
    • The growing turnout of women voters could influence political parties’ programmatic priorities and improve their responsiveness to women voters’ interests, preferences, and concerns, including sexual harassment and gender-based violence.
    • Women-centric schemes: The state government in Bengal ran and highlighted many women-centric schemes that potentially played a central role in their victory.
    • The central government must be commended for its achievements in two areas in particular: Its DBT schemes such as the Pradhan Mantri Vaya Vandana Yojana and the Pradhan Mantri Surakshit Matritva Abhiyan.
    • As a result, maternal mortality rate has reduced from 167 (2011-13) to 113 (2016-18).
    • The Maternity Benefit (Amendment) Bill, 2017 is another landmark achievement that extended the paid maternal leave to 26 weeks from the existing 12 weeks.

    Way forward

    • Government must use its parliamentary majority to finally pass the Women’s Reservation Bill, as was promised in their 2014 election manifesto.
    • Until that happens, the initiative taken by the governments of Banerjee and Patnaik to increase women’s parliamentary presence must serve as an inspiration to other Indian states.

    Conclusion

    The extent to which parties represent women and take up their interests is closely tied to the health and vitality of democratic processes.

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