106 Amendment of Indian Constitution Women Reservation Act 2023
Introduction to the 106th Amendment and Women’s Empowerment in India
The Indian Constitution, since its inception, has served as a dynamic framework for governance, evolving with the changing socio-economic landscape of the nation. Our first Prime Minister, Jawaharlal Nehru, emphasized the importance of constitutional amendments to address the changing needs of society. He believed that the Constitution must adapt to modern realities, ensuring it continues to serve the diverse and dynamic aspirations of the Indian people.
Over time, India has made significant amendments to its Constitution, responding to societal changes and addressing emerging challenges. One of the most significant recent changes is the 106th Constitutional Amendment, which was passed in 2023 to empower women in Indian politics. This legislation, the Nari Shakti Vandan Adhiniyam, mandates the reservation of one-third of the total seats in the Lok Sabha and state legislative assemblies for women. This change will ensure greater political participation by women, fostering a more inclusive and equitable governance structure.
The Role of Constitutional Amendments in Shaping Modern India
Since the adoption of the Indian Constitution, there have been 106 amendments, each aimed at keeping the legal and political system in line with the evolving needs of the country. The Indian Constitution, initially containing 395 articles, has grown to include 448 articles, reflecting the nation’s growth and changing aspirations.
Constitutional amendments under Article 368 have played a crucial role in responding to social, economic, and political challenges, facilitating governance that reflects the dynamic nature of modern society. Amendments ensure that outdated practices are eradicated and new principles are incorporated, making the Constitution a living document that adapts to the needs of the people.
One of the key areas where amendments have been crucial is in promoting gender equality. The 106th Amendment is a significant step forward, making gender equity a central feature of India’s political landscape.
Why the 106th Constitutional Amendment is a Milestone for Women in Politics
The 106th Constitutional Amendment, passed in September 2023, is a historic milestone for women’s political empowerment in India. This legislation, also known as the Nari Shakti Vandan Adhiniyam, mandates a one-third reservation for women in the Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.
This provision applies to the seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs), ensuring that women from these communities also benefit from enhanced political representation. The reservation will remain in place for 15 years, with the possibility of extension based on future legislation.
The 106th Amendment is set to transform India’s political landscape by creating a more inclusive and representative system, where the voices of women are amplified in decision-making processes. The implementation of this law will take place after the census and delimitation of constituencies, which will help allocate seats for women, ensuring fair representation across all regions.
Historical Background: Women’s Political Representation in India
India has a long history of gender inequality in political representation. Since the first Lok Sabha election in 1952, the participation of women in politics has remained dismal. In 1952, women made up only 4.4% of the Lok Sabha, and the figure has only slightly improved to 13.6% today. While India has made progress in terms of gender equality and women’s empowerment, political representation has remained far below the desirable level.
India ranks 129th out of 146 countries in the Global Gender Gap Report, indicating a clear need for improvements in political inclusion. The 106th Amendment represents a critical step in rectifying this imbalance and ensuring that the voices of women are heard in the highest echelons of power.
India’s International Commitments to Gender Equality and Women’s Rights
India is a signatory to the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), which mandates the eradication of gender-based discrimination in political and public spheres. India ratified this international convention in 1993, committing itself to improving women’s social, political, and civil rights. CEDAW calls for nations to take specific actions to ensure the equal political participation of women.
In alignment with CEDAW’s principles, India has made concerted efforts to promote gender equality, with a focus on improving women’s political representation. The 106th Constitutional Amendment is a direct response to these international commitments, ensuring that women’s voices are not only heard but are actively included in the governance of the nation.
The Journey of Women’s Reservation in India: Legislative Developments
India’s push for women’s political reservation began decades ago, with various committees and legislative attempts laying the groundwork for the 106th Amendment. One of the earliest initiatives was the Committee on the Status of Women in 1971, which highlighted the constitutional and legal barriers to gender equality. Following this, multiple efforts were made to implement women’s reservation in both local bodies and national politics.
In 1996, the Women’s Reservation Bill was introduced in Parliament, which called for a one-third reservation for women in Parliament. However, the bill faced strong political opposition, and similar bills in 1998 and 2008 also lapsed without being passed. These setbacks were largely due to a lack of political will and the absence of consensus on how best to implement reservation for women.
Despite these challenges, there was growing public awareness and political pressure to ensure equal representation. The 2013 Committee on the Status of Women recommended at least 50% reservation for women in all decision-making bodies, including Parliament, setting the stage for the 106th Amendment.
Supreme Court’s Role in Shaping Women’s Political Reservation in India
In 2010, the Supreme Court of India introduced the concept of a ‘triple test’ for determining the backwardness of communities in the context of reservation policies. This judgment clarified the criteria for implementing reservations, ensuring that women’s representation in political bodies was not only based on gender but also on the social and political context.
The Supreme Court’s interventions have been crucial in shaping the legal framework for women’s political empowerment, making it easier for laws like the 106th Constitutional Amendment to gain legal legitimacy and public support.
106th Constitutional Amendment: Key Features and Constitutional Changes
The 106th Amendment introduced three significant new constitutional provisions:
- Article 330A: Reservation of seats for women in the Lok Sabha.
- Article 332A: Reservation of seats for women in State Legislative Assemblies.
- Article 239AA: Provision for reservation of seats in the Legislative Assembly of Delhi.
This amendment was introduced by Arjun Ram Meghwal, the Minister of Law and Justice, during a special session of Parliament. It was passed with overwhelming support, though there was some opposition regarding the non-inclusion of OBC women.
The 106th Amendment marks a historic shift towards gender equity in India’s political processes. The law will come into effect once the census and delimitation exercise are completed, which will help determine the exact seat allocation for women.
Challenges in Implementing Women’s Reservation: Roadblocks and Solutions
While the 106th Amendment is a major step forward, its implementation will face challenges. One of the primary concerns is the potential lack of preparedness at the state level, where alignment with the central government’s objectives will be crucial. There are also concerns about the non-inclusion of OBC and minority women, who may not benefit equally from the reservation.
However, with careful planning, collaboration between state and central governments, and proper allocation of resources, the 106th Amendment can transform India’s political landscape and ensure gender parity in decision-making.
Benefits of Women’s Reservation in Politics: A Look at Local Governance and Welfare Programs
Studies have shown that women-led governance is more likely to prioritize social welfare programs, particularly those focused on women’s health, safety, and economic empowerment. In states where women have been empowered to lead at the local level, there have been significant improvements in areas like drinking water access, gender-based violence, and women’s self-help groups.
The 106th Amendment promises to bring similar benefits to the national level, ensuring that women’s concerns are heard and acted upon in Parliament and state legislatures.
The Future of Women in Politics: Ensuring Long-Term Change and Representation
The 106th Constitutional Amendment marks just the beginning of a more inclusive political system. By ensuring greater representation of women, the law will contribute to the democratic fabric of the nation, giving women a stronger voice in policy-making and governance.
As women gain more political power, their visibility and influence will inspire confidence among marginalized communities, creating a more equitable society for all. The path towards full gender equality will require continued effort and commitment, but the 106th Amendment represents a crucial step toward achieving parity in political participation in India.
Conclusion: A Step Towards Gender Equality in India’s Political Landscape
The 106th Constitutional Amendment is a pivotal moment in India’s journey towards gender equality. By ensuring one-third reservation for women in legislative bodies, the Nari Shakti Vandan Adhiniyam will empower women to actively participate in decision-making processes, creating a more inclusive and representative political environment.
As India moves forward, the full implementation of this amendment will pave the way for lasting change in the country’s political culture, ensuring that women’s voices are not only heard but also respected at the highest levels of governance.