The Nari Shakti Vandan Adhiniyam, enacted as the 106th Constitutional Amendment Act, 2023, marks a significant stride towards gender parity in Indian politics. By reserving one-third of the seats in the Lok Sabha and State Legislative Assemblies for women, this legislation aims to enhance female representation in legislative bodies, addressing a long-standing demand for inclusivity and empowerment.
Table of Contents
Historical Context
The journey towards women’s reservation in legislative bodies has been protracted and fraught with challenges:
- 1996: The first Women’s Reservation Bill was introduced but lapsed due to the dissolution of the Lok Sabha.
- 1998 & 1999: Subsequent attempts faced similar fates amid political disagreements.
- 2008: The 108th Amendment Bill was passed in the Rajya Sabha but did not progress in the Lok Sabha.
These repeated setbacks underscored the complexities of achieving consensus on this pivotal issue.
Salient Features of the Nari Shakti Vandan Adhiniyam
- Reservation Provisions:
- 33% Reservation: One-third of the seats in the Lok Sabha, State Legislative Assemblies, and the Delhi Assembly are reserved for women.
- Sub-Reservation: Within the reserved seats, provisions exist for Scheduled Castes (SC) and Scheduled Tribes (ST) women, ensuring intersectional representation.
- Constitutional Amendments:
- Article 330A: Introduced to provide reservation for women in the Lok Sabha, mirroring the provisions for SCs and STs under Article 330.
- Article 332A: Inserted to mandate women’s reservation in State Legislative Assemblies.
- Amendments to Article 239AA: Extended the reservation to the Legislative Assembly of the National Capital Territory of Delhi.
- Implementation Timeline:
- The reservation will come into effect post the first delimitation exercise conducted after the publication of the next census data.
- This implies that the actual implementation may occur after the 2026 delimitation, potentially impacting elections held subsequently.
Rationale Behind the Legislation
- Addressing Underrepresentation: Despite constituting nearly half of the population, women’s representation in legislative bodies has remained disproportionately low.
- Enhancing Governance: Increased female participation is associated with more inclusive and responsive governance, addressing issues like health, education, and social welfare more effectively.
- Fulfilling Constitutional Mandates: The legislation aligns with the constitutional vision of equality and non-discrimination, reinforcing India’s commitment to democratic ideals.
Potential Challenges and Criticisms of the Nari Shakti Vandan Adhiniyam
- Delayed Implementation: Tying the reservation to the delimitation exercise may postpone its actualization, raising concerns about the urgency and commitment to women’s empowerment.
- Exclusion of OBC Quota: The absence of a specific sub-quota for Other Backward Classes (OBC) women has been a point of contention, with critics arguing it may not adequately represent all marginalized groups.
- Rotation of Reserved Seats: The mechanism for rotating reserved seats could disrupt political continuity and may pose challenges for constituency development.
Implications for Indian Polity on the Nari Shakti Vandan Adhiniyam
- Political Empowerment: The legislation is poised to catalyze greater political participation among women, fostering leadership and decision-making roles.
- Social Transformation: Enhanced representation can challenge patriarchal norms and inspire broader societal changes towards gender equality.
- Policy Prioritization: Issues pertinent to women and children may receive increased attention, leading to more comprehensive and inclusive policymaking.
Conclusion
The Nari Shakti Vandan Adhiniyam stands as a testament to India’s evolving democratic ethos, striving to rectify historical gender imbalances in political representation. While its implementation may be on the horizon, the legislation symbolizes a commitment to empowering women and enriching the democratic fabric of the nation. For UPSC aspirants, understanding the nuances of this landmark amendment is crucial, encompassing aspects of polity, governance, and social justice.
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