Introduction: On September 19, 2023, a significant Bill was introduced in the Lok Sabha, bearing the number 124 of 2023. This Bill aims to further amend the Constitution of India with the goal of promoting gender equality and women’s empowerment through greater representation in legislative bodies. In this article, we explore the key provisions and objectives of the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023.
Detailed Analysis:
i. Short Title and Commencement: The Bill is titled the “Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023” and will come into effect on a date determined by the Central Government through an official notification. This marks a significant step in the country’s legislative history.
ii. Amendment of Article 239AA: Article 239AA of the Constitution, which pertains to the National Capital Territory of Delhi, is amended to include provisions for reserving seats for women. This includes the reservation of seats for women in the Legislative Assembly of Delhi and specifically allocates seats for women belonging to Scheduled Castes.
iii. Insertion of New Articles: The Bill introduces new articles into the Constitution to address gender-based reservation:
- Article 330A: Reservation of seats for women in the House of the People (Lok Sabha). This article mandates the reservation of seats for women, with a focus on women from Scheduled Castes and Scheduled Tribes.
- Article 332A: Reservation of seats for women in the Legislative Assemblies of the States. Similar to Article 330A, this article focuses on women’s reservation, including women from Scheduled Castes and Scheduled Tribes.
iv. Article 334A: Special Provisions: This article introduces special provisions regarding the implementation of reserved seats for women. It outlines the timeline for these provisions to take effect, including the requirement for delimitation exercises after census data publication. Additionally, it addresses the rotation of reserved seats and specifies that these provisions will not affect the existing representation until the dissolution of the current legislative bodies.
v. Continuity of Representation: The Bill clarifies that the amendments introduced by the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023, will not affect the existing representation in the Lok Sabha, State Legislative Assemblies, or the Legislative Assembly of Delhi until the dissolution of the respective legislative bodies.
Statement of Objects and Reasons:
i. Empowering Women: The Bill emphasizes the importance of women’s participation in decision-making processes for the development of the nation. It recognizes women as a significant part of the population and their essential role in contributing to India’s progress.
ii. Women’s Empowerment Initiatives: The government has undertaken various initiatives aimed at empowering women, including economic empowerment, access to education, and health. However, true empowerment requires greater participation in the legislative process.
iii. Representation in Decision Making: While women are actively involved in local governance through Panchayat Raj institutions and municipal bodies, their representation at the state and national levels remains limited. The Bill seeks to address this disparity by introducing women’s reservations.
iv. Long-standing Demand: Efforts to introduce reservations for women in the Lok Sabha and State Legislative Assemblies have been ongoing. The Bill responds to this long-standing demand for greater women’s representation.
Conclusion: The Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023, represents a significant step toward promoting gender equality and women’s empowerment in India. By reserving one-third of seats for women in legislative bodies, the Bill aims to provide a platform for women to actively participate in policy-making and governance. This move reflects the government’s commitment to fostering inclusive and equitable development as India enters its Amritkal, a journey toward a prosperous and developed nation by 2047. The Bill’s introduction opens the door to a more representative and diverse political landscape, offering women the opportunity to contribute their unique perspectives to the country’s growth and progress.
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LOK SABHA
The following Bill was introduced in Lok Sabha on 19th September, 2023:—
BILL NO. 124 OF 2023
A Bill further to amend the Constitution of India.
BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:—
1. Short title and commencement.
(1) This Act may be called the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023.
(2) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
2. Amendment of article 239AA.
In article 239AA of the Constitution, in clause (2), after sub-clause (b), the following clauses shall be inserted, namely:—
“(ba) Seats shall be reserved for women in the Legislative Assembly of the National Capital Territory of Delhi.
(bb) As nearly as may be, one-third of the seats reserved for the Scheduled Castes in the Legislative Assembly of the National Capital Territory of Delhi shall be reserved for women.
(bc) As nearly as may be, one-third of the total number of seats to be filled by direct election in the Legislative Assembly of the National Capital Territory of Delhi (including the number of seats reserved for women belonging to the Scheduled Castes) shall be reserved for women in such manner as Parliament may by law determine.”.
3. Insertion of new article 330A.
After article 330 of the Constitution, the following article shall be inserted, namely:—
“330A. Reservation of seats for women in the House of the People.
(1) Seats shall be reserved for women in the House of the People.
(2) As nearly as may be, one-third of the total number of seats reserved under clause (2) of article 330 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes.
(3) As nearly as may be, one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election to the House of the People shall be reserved for women.”.
4. Insertion of new article 332A.
After article 332 of the Constitution, the following article shall be inserted, namely:—
“332A.Reservation of seats for women in the Legislative Assemblies of the States.
(1) Seats shall be reserved for women in the Legislative Assembly of every State.
(2) As nearly as may be, one-third of the total number of seats reserved under clause (3) of article 332 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes.
(3) As nearly as may be, one-third (including the number of seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes) of the total number of seats to be filled by direct election in the Legislative Assembly of every State shall be reserved for women.”.
5. Insertion of new article 334A.
After article 334 of the Constitution, the following article shall be inserted, namely:—
“334A. Reservation of seats for women take effect.
(1) Notwithstanding anything in the foregoing provision of this Part or Part VIII, the provisions of the Constitution relating to the reservation of seats for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after commencement of the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023 have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement.
(2) Subject to the provisions of articles 239AA, 330A and 332A, seats reserved for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall continue till such date as the Parliament may by law determine.
(3) Rotation of seats reserved for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall take effect after each subsequent exercise of delimitation as the Parliament may by law determine.
(4) Nothing in this article shall affect any representation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi until the dissolution of the then existing House of the People, Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi.”.
6. Amendment not to affect reservation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi.
The amendments made to the Constitution by the Constitution (One Hundred and Twenty-eighth Amendment) Act, 2023 shall not affect any representation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi until the dissolution of the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi, as the case may be, in existence at the commencement of the said Act.
STATEMENT OF OBJECTS AND REASONS
After completing 75 years of Independence, the nation has begun its journey into Amritkal with a goal of becoming ‘Vikasit Bharat’ by 2047. Realisation of this goal will require contribution of all sections of society in the spirit of ‘Sabka Saath, Sabka Vikas, Sabka Vishwas, Sabka Prayas’. The role of women, constituting a half of the population, is extremely important in realisation of this goal.
2. Government has taken a number of steps to bring ‘Nari Shakti’ to the forefront through women’s empowerment and women led development resulting in substantial improvement in financial independence of women and availability of equal access to education and health. Government has also emphasised ‘Ease of Living’, especially of women, through various initiatives including Ujjawala Yojana, access to toilets under Swachh Bharat Mission, financial inclusion through the Mudra Yojna, etc. However, true empowerment of women will require greater participation of women in the decision making process as they bring different perspectives and enrich the quality of legislative debates and decision-making.
3. While women participate substantively in the Panchayat Raj institutions and municipal bodies, their representation in the State Legislatures as well as in Parliament is still limited, Providing for higher representation of women at State and National level has also been a long pending demand. There have been several efforts to introduce women’s reservation in the Lok Sabha and State Legislative Assemblies. The last such attempt was made in 2010, when the Rajya Sabha had passed a Bill for women’s reservation, but the same could not be passed in the Lok Sabha.
4. In order to enable greater participation of women as public representative in policy making at State and National level, it is decided to introduce a fresh legislation for Constitutional amendment to provide for, as nearly as may be, one-third of total seats in the House of the People, the legislative assembly of every State and the Legislative Assembly of the National Capital Territory of Delhi to be reserved for women.
5. The Bill seeks to achieve the above objectives.
ARJUN RAM MEGHWAL.
New Delhi;
The 18th September, 2023.
FINANCIAL MEMORANDUM
The Bill, if enacted, is not likely to involve any expenditure, either recurring or non-recurring, from and out of the Consolidated Fund of India.
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UTPAL KUMAR SINGH
Secretary-General.
