Note4Students

From UPSC perspective, the following things are important :

Prelims level: Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023,

Mains level: Constitution (128tht) Bill, 2023, Key provisions, previous efforts, concerns and way forward

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.

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.

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.

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.

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.

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.

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.

The introduction of the Constitution 128^th 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