What is the Women's Reservation Act, 2023?

 About:
o The Constitution (106th Amendment) Act,
2023, reserves one-third of all seats for women in Lok
Sabha, State legislative assemblies, and
the Legislative Assembly of the National Capital
Territory of Delhi, including those reserved for SCs
and STs.
o The reservation will be effective after the publication
of the census conducted following the Act’s
commencement and endures for a 15-year period,
with potential extension determined by parliamentary
action.
o The rotation of seats allocated for women will be
governed by parliamentary legislation after
each delimitation process.
 Currently, around 15% of the total members
of the 17th Lok Sabha (2019-2024) are
women while in state legislative assemblies,
women on average constitute 9% of the total
members.
 Legislative Progression of Women's Reservation Bills:
o The Convention on the Elimination of All Forms of
Discrimination Against Women, 1979 mandates
the eradication of gender-based discrimination in
political and public spheres, with India being a
signatory.
 Despite progress, the representation of
women in decision-making bodies remains
relatively low, increasing from 5% in the
first Lok Sabha to 15% in the 17th Lok
Sabha.
o Constitutional amendments aimed at reserving seats for
women in Parliament and state legislative assemblies
were proposed in 1996, 1998, 1999, and 2008.
  The first three Bills(1996, 1998,
1999) expired when their respective Lok
Sabhas dissolved.
 The 2008 Bill was introduced in
and approved by the Rajya Sabha but
also lapsed when the 15th Lok Sabha
dissolved.
 However, in the present case, it will require
adherence to the “Triple Test” laid down by
the Supreme Court.

 The 1996 Bill underwent examination by a Joint Committee of

Parliament, while the 2008 Bill was scrutinized by the Standing
Committee on Personnel, Public Grievances, Law, and Justice.
o Both committees endorsed the idea of seat reservations
for women. Some of their recommendations included:
 considering reservations for
women from other backward classes
OBCs) at an appropriate time
 implementing reservations for a 15-
year period with subsequent reviews
 devising a plan for reserving seats for
women in the Rajya Sabha and state
legislative councils.
Issue of Triple Test:
 Government sources said that reservations for women would
require clearing the "triple test".
 In 2010, the Supreme Court held that backwardness with
relation to local bodies has to be “political” – such as
underrepresentation in politics. It may differ from “social and
educational backwardness”, which is used to grant reservations for
seats in educational institutions or government jobs.
 The Supreme Court, while deciding on the legality of OBC
reservations in Maharashtra local body elections, in a verdict
in 2021, had set out a three-fold test that state governments have
to follow to provide these reservations.
o First, the state was mandated to set up a dedicated
commission to examine backwardness in local bodies
within the state.
o Second, states were required to determine the size of
the quota based on the commission survey data.
o Third, these reservations, combined with Scheduled
Castes and Scheduled Tribes quotas, could not be
more than 50% of the total seats in the local body.
 In 2022 and 2023, the Supreme Court continued to make it
mandatory for states to implement the triple test before the
OBC reservation in Local Body elections.
o However, such a “triple test” is not applied to
political reservations for SC/STs, since the
reservation in elections applies under Article 334.
o The “triple test” for representation of SC/STs “only
applies in the case of quota for promotions in
government employment.”
What are Different Committees and Their Reports on the Issue?
 1971 Committee on the Status of Women in India (CSWI):
o It was created in response to a request from the UN
for a report on the status of women ahead of
International Women’s Year, 1975.
o Set up by the erstwhile Ministry of Education and
Social Welfare.
o It examined the constitutional, administrative, and legal
provisions that have a bearing on the social status of
women, their education, and employment — and the
impact of these provisions.
 o It published the report - ‘Towards Equality’ as per
which, the Indian state had failed in its constitutional
responsibility to ensure gender equality.
 Following this, several states began
announcing reservations for women in local
bodies.
 1987 Committee under Margaret Alva
o In 1987, the government constituted a 14-member
committee under then Union Minister Margaret Alva.
o In 1988, the committee presented the National
Perspective Plan for Women 1988-2000 to the Prime
Minister.
 Among the committee’s 353
recommendations was the reservation of
seats for women in elected bodies.
o Consequence
 In 1992, the 73rd and 74th Constitutional
Amendment Acts were introduced under the
Prime Ministership of P V Narasimha Rao.
 It was the doing of the National Perspective
Plan for Women that mandated the
reservation of 1/3rd of seats for women (via
73rd and 74th Amendments) in Panchayati
Raj institutions (PRIs) and offices of the
chairperson at all levels of PRIs, and in urban
local bodies respectively.
 Many States such
as Maharashtra, Andhra
Pradesh, Bihar, Chhattisgarh,
Jharkhand and Kerala have
made legal provisions to ensure
50% reservation for women in
local bodies.
First Women’s Reservation Bill
 On September 12, 1996, the Government of India
tabled 81st Constitutional Amendment Bill which sought to
 reserve 1/3rd of seats for women in Parliament and state
legislatures.
o However, many MPs, especially those belonging to
the OBCs, opposed the Bill.
o Consequently, the bill was sent to a Select Committee
of Parliament headed by Geeta Mukherjee.
 Geeta Mukherjee Committee 1996:
o The Committee had 21 members from LS and 10 from
RS.
o The panel noted that seats for women had been reserved
within the SC/ST quotas, but there was no such benefit
for OBC women because there is no provision for
OBC reservation.
o It recommended that the government “may consider…
extending…reservation to OBCs also at the appropriate
time so that the women belonging to OBCs will also get
the benefit of reservation”.
 2013 Committee on the Status of Women:
o In 2013, the Ministry of Women and Child
Development constituted a committee on the status of
women, which recommended ensuring at least 50%
reservation of seats for women in the Local bodies,
State Legislative Assemblies, Parliament, Ministerial
levels and all decision‐making bodies of the
government.
Present Status of Women Representation
o As per the World Economic Forum (WEF)’s Global Gender
Gap Report 2023, India has made strides in political
empowerment, achieving 25.3% parity in this domain.
o Women represent 15.1% of parliamentarians, which is the
highest representation since the inaugural report in 2006.
What is Status of Women’s Reservation in Panchayats and ULBs?
 Women’s Reservation - Initiatives and Current Data
o Early Initiatives:
  In 1985, the state government of Karnataka
implemented 25% reservation for
women in Mandal Praja Parishads with a
sub-quota for scheduled caste and scheduled
tribe women, becoming the first state to do
so.
 In 1987, the erstwhile united Andhra
Pradesh implemented 9% reservation for
women in gram panchayats.
 In 1991, Odisha affected 33%
reservation for women in Panchayats.
 The 1992 Constitutional
amendment made this quota
national, and inserted a 33% sub-
quota for scheduled caste and
scheduled tribe women.
 73th and 74th Amendments:
o In 1992, following the recommendations of
the National Perspective Plan for Women 1988-2000,
the 73rd and 74th Amendment Acts (1992) mandated the
reservation of 1/3rd of seats for women in Panchayati
Raj institutions (PRIs) and in urban local bodies.
o ‘Panchayat’, being “Local government”, is a State
subject and part of the State list of the Seventh
Schedule of the Constitution of India.
 Article 243D of the Constitution ensures
participation of women in PRIs by
mandating atleast 1/3rd reservation for
women out of total number of seats to be
filled by direct election and number of
offices of chairpersons of Panchayats.
Status In Different States
 States with >50% Reservation:
o According to government data, as of Sept 2021, in at
least 18 states, the percentage of women elected
representatives in PRIs was more than 50%:
  Uttarakhand, Chhattisgarh, Assam,
Maharashtra, Tamil Nadu, Odisha, Kerala,
Bihar, Jharkhand, West Bengal, Rajasthan,
Manipur, Telangana, Sikkim, Himachal
Pradesh, Karnataka, Andhra Pradesh, and
Madhya Pradesh.
 These 18 states, including Gujarat
and Kerala have also made legal
provisions for 50% reservation for
women in PRIs.
 Highest proportion of women representatives
in PRIs - Uttarakhand (56.02%)
 Lowest - Uttar Pradesh (33.34%)
 Overall percentage in India -
45.61%
o Bihar was the first one to increase the reservation
percentage to 50% (in Panchayats and ULBs) in
2006 followed by Sikkim the next year.
 The Nagaland Controversy:
o In April 2023, Nagaland was amid controversies
regarding the reservation of seats for women in
urban local body (ULB) polls.
 The issue centers around the Nagaland
Municipal Act of 2001, which mandated a
33% reservation for women in ULB polls (as
per 74th amendment).
 Many traditional tribal and urban
organizations opposed it, arguing that it
would violate the special provisions granted
by Article 371A.
 Their apex tribal body argues
that women have traditionally
not been part of decision-
making bodies.
  Nagaland is the only state where
ULB seats are not reserved for
women.
What is Status of Women’s Reservation in Services in Different
States?
 Women’s Reservation and Horizontal Reservation:
o The Constitution of India does not expressly permit
reservation for women in public employment. On the
contrary, Article 16(2) prohibits discrimination in
public employment on the ground of sex.
o Therefore, women can, at best, be provided only
horizontal and not vertical reservation on the basis of
the Supreme Court’s pronouncement in the
famous Indra Sawhney’s case (1992).
o Horizontal Reservation refers to the equal opportunity
provided to categories of beneficiaries such as women,
veterans, the transgender community, and
individuals with disabilities, cutting through the
vertical categories.
 The horizontal quota is applied separately to
each vertical category, and not across the
board.
 For example, if women have 50%
horizontal quota, then half of the
selected candidates will have to
necessarily be women in each
vertical quota category i.e., half
of all selected Scheduled Caste
candidates will have to be women,
half of the unreserved or general
category will have to be women,
and so on.
 The Scenario of Women’s Job Quota in Different States:
o Uttarakhand:
 In 2006, Uttarakhand state government
issued an order ensuring 30% horizontal
 reservation for women candidates in the
state. This reservation was for public
employment exclusively to state-domiciled
women.
 In August 2022, the High Court of
Uttarakhand stayed this order. However, in
Nov 2022, the Supreme Court allowed the
government to continue with its 16-year-old
decision and stayed a HC order that had
opened up the quota for women from
anywhere in India.
 In January 2023, the government again
came out with an ordinance to continue
with the provisions of the reservation.
o Karnataka:
 In 2022, the Karnataka government
reserved 33% for outsourced women
employees in all the departments.
 As per the circular, the state government
recruits data entry operators, housekeeping
staff and other group D employees, drivers
through outsourcing.
 The 33% reservation is applicable for all
autonomous bodies, universities, urban
local bodies, and other government offices.
o Tripura:
 In 2022, on the occasion of Women's Day,
Tripura govt has announced its decision to
give a reservation of 33% to all women for
any state govt job, or for higher
educational institutions.
o Punjab:
 In 2020, the Punjab state govt approved
33% reservation for women in direct
recruitment for the Punjab Civil
Services, boards and corporations.
  The 'Punjab Civil Services (Reservation of
Posts for Women) Rules, 2020' provided
such reservation for women for direct
recruitment to posts in government, as well
as in recruitment to Boards and Corporations
in Group A, B, C, and D posts.
o Bihar:
 In 2016, the state cabinet granted 35%
reservation to women in all government
jobs.
 Earlier, the state govt also made a provision
for a reservation of 35% for women in the
recruitment of police constabulary in the
state.
Representation of Women in Other Sectors
 Governance:
o India has had one woman prime minister and two
female presidents since independence in 1947.
o Fifteen women have served as chief ministers so far.
 Judiciary:
o India's Supreme Court has not had a single female
chief justice so far.
o As of August 2023, there were three women judges in
the apex court of a sanctioned strength of 34, 106
women judges out of 788 in the 25 high courts and
7,199 in the lower courts.
o Justice BV Nagarathna is in line to become the first
woman Chief Justice of India in 2027.
 Defence And Police:
o As of March 2023, there were 6,993 women officers in
the Indian army, 748 in the navy. The strength of
women officers in the Indian Air Force stood at 1,636,
excluding medical staff.
o Women constitute 11.7% of the 2.1 million-strong
police force.
  Aviation:
o India has the highest proportion of female pilots to
males in the world, making up 15% out of a total of
about 10,000 pilots in the South Asian country, against
5% globally.
 Agriculture:
o With 62.9% female participation, agriculture has the
highest percentage of women workers, followed by
manufacturing, at 11.2% in 2022.
o Millions of Indian women are employed in unorganised
sectors such as domestic and daily wage labourers.
 Corporate:
o Women accounted for 18.2% of board seats at
NIFTY 500 companies in 2023, with the life sciences
sector reporting the highest female representation on
boards at 24%.
o The tech industry has a high representation of
women in the workforce at 34% but lags behind
other industries when it comes to women in executive
positions. There are 8.9% of firms with women in top
managerial posts.
What are the Issues Related to Delimitation?
 Will come into effect after the Delimitation:
o The reservation shall come into effect only after
delimitation is undertaken and delimitation will be
undertaken only after the relevant figures of the next
census are published.
 The 2021 Census that was postponed
because of the Covid pandemic and several
other reasons has been further pushed to
2024-25 until further orders.
 The Union Home Minister explained that the
decision to implement reservation after
delimitation is to ensure that a quasi-
judicial body like the Delimitation
 Commission can decide which seats to
reserve, after public consultation.
 The Law Minister claimed that it
was against the provisions of the
Constitution to provide reservation
immediately, noting that someone may
challenge it in a court of law. And the
government will not allow the Act to get
stuck in some technicality.
 Present Issues With Delimitation:
o According to rough estimates, the country's population
has increased by about 30 percent since the last census
in 2011. Therefore, the seats in the Lok Sabha will
also increase in the same proportion.
o It is expected that there will be an increase of about 210
seats over the 543 seats in the current Lok Sabha. That
means the total seats would likely be around 753.
Previous Delimitation Exercises
 The Delimitation Commission of 2022 had taken about five years
to complete the exercise, based on the 2001 Census report.
o Election Commission also said that delimitation
exercises undertaken in the years 1952, 1963, 1973,
and 2002 have not considered the exact number of
women in a constituency.
 Even after the 2001 census, the delimitation exercise for Assam,
Arunachal Pradesh, Nagaland, and Manipur was left out by
the 2002 Commission.
 The delimitation exercise for the newly formulated Union
territory of Jammu and Kashmir went on for over two years
between March 2020 to May 2022.
 In Assam, it was started by the Election Commission in 2022, and
the final draft was published in August 2023. The process,
however, has been challenged before the Supreme Court.
 As for Arunachal Pradesh and Nagaland, the Supreme Court was
informed recently by the central government that it is
 "considering" setting up a delimitation commission for the two
states, while delimitation in Manipur would be delayed.
What is the OBC Issue?
Unlike SCs and STs, the Constitution does not provide for political reservation for
Other Backward Classes (OBCs) in the Lok Sabha or state assemblies.

 OBC Issue with the Act: The women's reservation Act, which
reserves 33% of seats for women in the Lok Sabha and state
assemblies, does not include a quota for women from the
OBCs.
o OBCs who constitute 41% of the population (as per
the 2011 census) are inadequately represented in the
Lok Sabha, State Legislatures and Local
governments.
 They have been demanding a separate
quota for themselves in the Lok Sabha
and state assemblies, similar to the
reservation for SCs and STs.
 However, the government has
not implemented such a
quota, citing legal and
constitutional hurdles.
 Several State Governments like Uttar
Pradesh and Maharashtra have provided
them representation in Local Body
elections.
 But the Supreme Court has put
a cap of 50% on the overall
reservations (Vikas Kishanrao
Gawali vs State of Maharashtra)
which limits OBC reservation to
27%.
 This 50% upper limit is in the
lines with the Indira Sawhney vs
Union of India judgment.
  Strength of OBCs in Lok Sabha: The 17th Lok Sabha has around
120 MPs from the OBC community. Which accounts for
approximately 22% of the total Strength of Lok Sabha
o The Constitution (Amendment) Bill, 2018 (insertion of
new articles 330A and 332A) proposes to ensure a
proportionate representation to OBC in
representative bodies -- House of the People and the
Legislative Assemblies of the State.

Should There be an OBC Women Reservation Under the 33%

Reservation?

Arguments in favor Arguments against

 OBC women face multiple  The Act already provides

forms of discrimination and the reservation of seats f
 oppression based on their caste, SC/ST women, who are th
class and gender. They are often disadvantaged and vulnera
denied access to education, groups in the society.
health, employment, political
 Adding another quota fo
representation and social justice.
women would reduce the
 OBC women constitute a large available for the general
and diverse section of the category of women, who
population, with different face discrimination and
cultures, languages, religions and challenges in the male-do
regions. They have different political system.
needs and aspirations that may
 The idea of having a sepa
not be adequately represented
reservation for OBC wom
by women from other
would create further div
categories.
and conflicts among the
 OBC women have women’s movement. It wo
been historically also undermine the solidar
underrepresented and unity of women as a collec
marginalized in the political force for social change.
sphere, both at the national and
 Separate reservation for O
state levels. They have faced
women would not addres
barriers such as patriarchal
root causes of their
norms, caste prejudices,
problems, such as poverty
violence and intimidation, lack
illiteracy, violence, patriar
of resources and awareness, and
casteism and corruption.
low self-confidence.
 It would also not guarant
effective participation an
representation in the pol
arena, as they may still f
obstacles such as tokenis
option, manipulation and
domination by the male le
of their parties and commu

What are Different Constitutional Provisions Related to Women’s

Reservation?
 Reservation for Women in Lower House: The Act provides
for inserting Article 330A to the constitution, which borrows
 from the provisions of Article 330, which provides for reservation
of seats to SCs/STs in the Lok Sabha.
o The Act provides that reserved seats for women may be
allotted by rotation to different constituencies in states
or Union Territories.
o In the seats reserved for SCs/STs, the Act seeks to
provide one-third of the seats to be reserved for
women on rotational basis.
 Reservation for Women in State Legislative Assemblies: The
Act introduces Article 332A, which mandates the reservation of
seats for women in every state Legislative
Assembly. Additionally, one-third of the seats reserved for SCs
and STs must be allocated for women, and one-third of the
total seats filled through direct elections to the Legislative
Assemblies shall also be reserved for women.
 Reservation for Women in NCT of Delhi ( New clause in
239AA): Article 239AA to the constitution grants special status to
the Union Territory of Delhi as national capital with regards to its
administrative and legislative functioning.
o Article 239AA(2)(b) was amended by the Act
accordingly to add that the laws framed by parliament
shall apply to the National Capital territory of Delhi.
 Commencement of Reservation (New article - 334A): The
reservation will be effective after the census conducted after the
commencement of this Act has been published. Based on the
census, delimitation will be undertaken to reserve seats for
women.
o The reservation will be provided for a period of 15
years. However, it shall continue till such date as
determined by a law made by Parliament.
 Rotation of Seats: Seats reserved for women will be rotated
after each delimitation, as determined by a law made by
Parliament.
What is Background of the Reservation for Women in Politics in
India?
 The issue of reservation for women in politics can be traced back
to the Indian national movement. In 1931, in their letter to the
British Prime Minister, submitting the official memorandum
jointly issued on the status of women in the new Constitution by
three women’s bodies, leaders Begum Shah Nawaz and Sarojini
Naidu.
 The National Perspective Plan for Women recommended in
1988 that reservation be provided to women right from the level of
the panchayat to that of Parliament.
o These recommendations paved the way for the historic
enactment of the 73rd and 74th amendments to the
Constitution which mandate all State governments to
reserve one-third of the seats for women in Panchayati
Raj Institutions and one-third of the offices of the
chairperson at all levels of the Panchayati Raj
Institutions, and in urban local bodies, respectively.
Within these seats, one-third are reserved for Scheduled
Caste/Scheduled Tribe women.
 The discussion upon the reservation of women reservation bill is
prevalent since the 1996. As the then Government lacked a
majority, the Bill could not have been approved.
 Earlier Attempts at Reserving Seats for Women:
o 1996: First Women Reservation Bill was introduced in
the Parliament.
o 1998 – 2003: Government tabled the Bill on 4
occasions but failed.
o 2009: Government tables the bill amid protests.
o 2010: The Union Cabinet passes the Bill and RS passes
it.
o 2014: The Bill was expected to be tabled in LS.
 The National Policy for the Empowerment of Women
(2001) had stated that reservation will be considered in higher
legislative bodies.
 In May 2013, the Ministry of Women and Child
Development constituted a committee on the status of women,
which recommended ensuring at least 50% reservation of seats for
 women in the Local bodies, State Legislative Assemblies,
Parliament, Ministerial levels and all decision‐making bodies of
the government.
 In 2015, the Report on the Status of Women in India noted that
the representation of women in state assemblies and Parliament
continues to be dismal. It recommended reserving at least 50%
seats for women in local bodies, state legislative assemblies,
Parliament, ministerial levels, and all decision-making bodies of
the government.
What Are the Arguments in Support of the Act?
 Need: There are 82 women Member of Parliaments in LS (15.2%)
and 31 women in RS(13%). While the number has increased
significantly since the 1st Lok Sabha (5%) but is still far lower
than in many countries.
o According to recent UN Women data, Rwanda (61%),
Cuba (53%), Nicaragua (52%) are the top three
countries in women representation. Bangladesh (21%)
and Pakistan (20%) as well are ahead of India in case of
female representation.
 Gender Equality:
o Women representation in politics is a vital step towards
gender equality. However, according to Global Gender
Gap Report 2022, India ranks 48th out of 146 in
Political Empowerment.
o Notwithstanding its rank, its score is quite low at 0.267.
Some of the best-ranking countries in this category
score much better. For instance, Iceland is ranked 1
with a score of 0.874 and Bangladesh is ranked 9 with a
score of 0.546.
 Historical Underrepresentation:
o The number of women MPs has increased from 5% in
the first Lok Sabha to 15% in the 17th Lok Sabha; but
the number continues to be quite low.
o A 2003 study about the effect of reservation for women
in panchayats showed that women elected under the
reservation policy invest more in the public goods
closely linked to women’s concerns.
 o The Standing Committee on Personnel, Public
Grievances, Law and Justice (2009) had noted that
reservation of seats for women in local bodies has
enabled them to make meaningful contributions.
 Women’s right to Self-representation and Self-determination:
o If a group is not represented proportionally in the
political system, its ability to influence policy-making
is limited. The Convention on the Elimination of All
Forms of Discrimination Against Women provides
that discrimination against women must be eliminated
in political and public life.
o The various surveys do indicate that women
representatives from Panchayati Raj have worked
commendably in the development and overall well-
being of society in villages and many of them would
definitely want to work on the larger scale, however,
they face various challenges in the political structure
prevalent in society.
 Diverse Perspectives:
o A more diverse legislature that includes a significant
number of women can bring a broader range of
perspectives to the decision-making process. This
diversity can lead to better policy formulation and
governance.
 Empowerment of Women:
o Women's reservation in politics empowers women at
various levels. It not only encourages more women to
participate in politics but also inspires women to take
on leadership roles in other sectors.
 Promotion of Women's Issues:
o Women in politics often prioritize and advocate for
issues that directly affect women, such as gender-based
violence, women's health, education, and economic
empowerment. Their presence can lead to the
prioritization of these issues in policy discussions.
 Role Models:
 o Women leaders in politics can serve as role models for
young girls, encouraging them to aspire to leadership
positions in various fields. Representation in politics
can break stereotypes and inspire future generations.
o Indira Gandhi served as the first and only women Prime
Minister of India from 1966 to 1977.
o Sushma Swaraj was the second woman external affairs
minister of India after Indira Gandhi.
What are the Arguments Against the Act?
 Women are not a homogeneous community like, say like, a
caste group. Therefore, the same arguments made for caste-based
reservations cannot be made for women.
 Reserving seats for women is opposed by some who claim
that doing so violates the Constitution's guarantee of equality.
If there is a reserve, they claim, women won't be competing on
merit, which could decrease their status in society.
What More Can be Done to Ensure Effective Representation of
Women?
 Strengthen Independent Decision Making:
o Establish an independent monitoring system or
committees that explicitly prohibits family members
from influencing the decision making process of
women representatives.
o It can be implemented by reducing the influence of
patriarchal mindset.
 Increasing Awareness and Education:
o Creating awareness among women about their rights
and the importance of their participation in politics is
essential. Educational programs and awareness
campaigns can help to increase women's political
participation.
 Addressing Gender-based Violence and Harassment:
o Gender-based violence and harassment are major
obstacles to women's participation in politics.
Addressing these issues through policy and legal
 measures can create a safer and more supportive
environment for women in politics.
 Reforms in the Electoral Process:
o Reforms such as introducing proportional
representation and preferential voting systems can
help to increase women's representation in politics by
ensuring that more women get elected.
o These are only a few approaches to increase the number
of women in Indian politics. To effect long-lasting
change, a multifaceted strategy addressing multiple
challenges is required.