Women Reservation Bill: SAD Supports, Demands BJP’s Action Now

09 Aug Women Reservation Bill: SAD Supports, Demands BJP’s Action Now

✎ The Women’s Reservation Bill (Nari Shakti Vandan Adhiniyam) can only be implemented after the delimitation process, governed by Article 82 of the Constitution, is completed.

Subject Relevance — Where This Topic Fits

• GS Paper II — Polity and Governance (Constitutional Amendments, Representation of Women)  |  GS Paper II — Social Justice (Women Empowerment and Reservation)
• Prelims: 103rd Constitutional Amendment Act, 2019, Article 243D (Reservation for Women in Panchayats), Article 239AA (Special Provisions for Delhi), Delimitation Commission, Women’s Reservation Bill, 2023, Nari Shakti Vandan Adhiniyam, Sikh Gurus’ teachings on gender equality
• Essay: Gender equality as a constitutional mandate: The case of women’s reservation in India, Balancing representation and meritocracy in democratic institutions

Quick Revision: The Women’s Reservation Bill (Nari Shakti Vandan Adhiniyam) can only be implemented after the delimitation process, governed by Article 82 of the Constitution, is completed.

Why is this in the news?

The Shiromani Akali Dal (SAD) has publicly endorsed the Women’s Reservation Bill and the delimitation process, demanding their immediate implementation. This stance, articulated by senior leaders including Gulzar Singh Ranike and SAD President Sukhbir Singh Badal, aligns with the party’s historical support for women’s empowerment while also reflecting its strategic positioning within the NDA coalition. The development assumes significance in the context of the Bill’s pending operationalisation, which is contingent upon the completion of the delimitation process, a constitutional exercise governed by Article 82 of the Constitution.

Background

• The Women’s Reservation Bill, officially titled the ‘Nari Shakti Vandan Adhiniyam’, was passed by Parliament in September 2023 and received Presidential assent on 28 September 2023. However, its implementation remains pending due to the constitutional requirement for delimitation of constituencies, which has not been undertaken since the 1971 Census.
• Delimitation is the process of redrawing the boundaries of parliamentary and assembly constituencies to reflect changes in population distribution, as mandated by Article 82 of the Constitution.
• The Bill reserves one-third of seats in the Lok Sabha and State Legislative Assemblies for women, including seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs). The reservation will be operational for 15 years from the date of its commencement, with rotation of reserved seats every general election.
• The SAD’s endorsement of the Bill is rooted in its long-standing advocacy for women’s political representation, which aligns with the teachings of Sikh Gurus, who emphasised gender equality and the dignity of women in society.
• The delimitation process is currently governed by the Delimitation Act, 2002, and is carried out by a Delimitation Commission appointed by the President of India. The Commission’s recommendations are final and cannot be challenged in any court.
• The SAD’s demand for immediate implementation of the Bill and delimitation process comes amid ongoing political negotiations within the NDA coalition, particularly concerning seat-sharing arrangements for future elections.

What is the Women’s Reservation Bill and Delimitation Process?

• **Women’s Reservation Bill (Nari Shakti Vandan Adhiniyam)**:** A constitutional amendment passed in 2023 that reserves one-third of seats in the Lok Sabha and State Legislative Assemblies for women. The Bill also includes sub-reservations for women belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs).
• **Delimitation Process**:** A constitutional exercise mandated by Article 82 to redraw the boundaries of parliamentary and assembly constituencies based on the latest census data. The process ensures equitable representation by adjusting constituency boundaries to reflect population changes.
• **Constitutional Provisions**:** – Article 82: Mandates delimitation after each census. – Article 330 and 332: Provide for reservation of seats for SCs and STs in Parliament and State Legislatures. – Article 243D and 243T: Reserve seats for women in Panchayats and Municipalities.
• **Operationalisation of the Bill**:** The Women’s Reservation Bill can only be implemented after the delimitation process is completed. This is because the Bill specifies that reservation of seats for women will be in such constituencies as may be determined by the Delimitation Commission.
• **Role of the Delimitation Commission**:** The Commission is a statutory body appointed by the President, consisting of the Chief Election Commissioner and two other members. Its recommendations are final and binding.
• **Historical Context**:** The delimitation process has not been undertaken since the 1971 Census.
• **SAD’s Position**:** The Shiromani Akali Dal supports the Bill and delimitation, citing the Sikh Gurus’ teachings on gender equality and the need for equitable representation in democratic institutions. The party has demanded immediate implementation of the Bill without further delay.

Key Features

Why it Matters

Political Representation

• Enhances women’s participation in legislative bodies, addressing the gender gap in political decision-making.
• Strengthens democratic inclusivity by ensuring marginalised groups (SC/ST women) are represented in governance.
• Aligns with constitutional principles of equality (Article 14) and non-discrimination (Article 15).

Electoral Reforms

• Delimitation ensures fair constituency boundaries, reducing gerrymandering and enhancing voter parity.
• Post-Census 2021 adjustments are critical for accurate representation, especially in states with significant demographic changes like Punjab.
• Supports the principle of ‘one person, one vote, one value’ enshrined in the Representation of the People Act, 1951.

Socio-Cultural Impact

• Reflects Sikh values of gender equality, as emphasised by Guru Nanak Dev Ji’s teachings on women’s dignity.
• Promotes role models for future generations, normalising women’s leadership in public life.
• Encourages political parties to field more women candidates, fostering a gender-sensitive electoral culture.

Challenges

1. Implementation Delay

• Women Reservation Bill requires delimitation, which is contingent on the Census 2021 data release, delayed due to pandemic-related disruptions.
• Political consensus is fragile; opposition parties may demand additional safeguards or oppose the Bill on federal grounds.
• State-level resistance could emerge in regions where delimitation may alter existing power dynamics.

UPSC Link: GS-II: Electoral Reforms

2. Delimitation Fairness

• Risk of gerrymandering if delimitation is not conducted by an independent, impartial authority like the Election Commission.
• Punjab’s Sikh-majority constituencies may face dilution of representation if delimitation does not account for religious demographics.
• Legal challenges could arise if delimitation violates the principle of ‘proportional representation’.

UPSC Link: GS-II: Federalism

3. Political Opposition

• Regional parties like AAP or Congress may oppose the Bill if they perceive it as a BJP-led initiative benefiting the ruling party electorally.
• SAD’s conditional support (e.g., linkage to delimitation) could fracture if the BJP does not meet its demands.
• Public sentiment may turn against the Bill if perceived as a ‘tokenistic’ measure without tangible outcomes.

UPSC Link: GS-II: Political Parties

4. Administrative Bottlenecks

• Census 2021 data processing is a time-consuming process; delimitation could be delayed until 2027–2028.
• State Election Commissions lack resources to conduct delimitation efficiently, risking errors or delays.
• Legal and constitutional amendments required to operationalise the Bill may face judicial scrutiny.

UPSC Link: GS-II: Governance

Challenges — UPSC Perspective

Way Forward

• Constitute a **Delimitation Commission** with retired Supreme Court judges and Election Commission officials to ensure impartiality and transparency.
• Release **Census 2021 data** at the earliest to initiate the delimitation process without further delay.
• Build **cross-party consensus** through parliamentary debates and consultations with regional parties to mitigate opposition.
• Launch **awareness campaigns** in states like Punjab to educate voters on the benefits of women’s reservation and delimitation.
• Strengthen **state election commissions** with additional funding and technical support to expedite delimitation.
• Introduce **legal safeguards** in the delimitation process to prevent gerrymandering and ensure proportional representation.
• Monitor **implementation timelines** to ensure the Bill is operationalised before the 2029 general elections.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding the Women’s Reservation Bill:
1. The bill proposes 33% reservation for women in the Lok Sabha and State Legislative Assemblies.
2. The reservation will be implemented immediately after the bill’s passage.
3. The bill includes a provision for reservation for women belonging to Other Backward Classes (OBCs).
4. The reservation will be rotated among different constituencies after every delimitation exercise.

How many of the above statements are correct?

1. Only one
2. Only two
3. Only three
4. All four

Answer: Only three — Statement 1 is correct as the bill proposes 33% reservation for women. Statement 2 is incorrect as the reservation will be implemented post-delimitation. Statement 3 is incorrect as the bill does not explicitly mention OBC reservation. Statement 4 is correct as the reservation will be rotated among constituencies.

Q2. Assertion (A): The Women’s Reservation Bill seeks to amend the Constitution to reserve one-third of seats for women in the Lok Sabha and State Legislative Assemblies.
Reason (R): The bill aims to achieve gender parity in political representation and empower women in decision-making processes.

In the context of the above two statements, which one of the following is correct?

1. Both A and R are true, and R is the correct explanation of A.
2. Both A and R are true, but R is not the correct explanation of A.
3. A is true, but R is false.
4. A is false, but R is true.

Answer: Both A and R are true, but R is not the correct explanation of A. — The assertion (A) is factually correct as the bill proposes 33% reservation for women. The reason (R) correctly explains the objective of the bill, which is to achieve gender parity in political representation.

Q3. Match the following provisions with their corresponding constitutional amendments or articles:

Column I (Provision)
A. Reservation for women in Lok Sabha and State Assemblies
B. Reservation for women in Panchayats and Municipalities
C. Reservation for Scheduled Castes and Scheduled Tribes
D. Reservation for Anglo-Indians in Lok Sabha

Column II (Constitutional Provision)
1. Article 334
2. 73rd and 74th Constitutional Amendments
3. 108th Constitutional Amendment Bill (Pending)
4. Article 330 and 332

Select the correct match:

1. A-3, B-2, C-4, D-1
2. A-2, B-3, C-4, D-1
3. A-1, B-2, C-3, D-4
4. A-4, B-1, C-2, D-3

Answer: A-3, B-2, C-4, D-1 — A matches with 3 (108th Amendment Bill for women’s reservation in Parliament and State Legislatures). B matches with 2 (73rd and 74th Amendments for Panchayats and Municipalities). C matches with 4 (Articles 330 and 332 for SC/ST reservation). D matches with 1 (Article 334 for Anglo-Indian reservation).

Mains Practice Question

✍ The Women’s Reservation Bill, 2023, seeks to operationalise gender parity in political representation through a constitutional amendment. Critically examine the legislative journey, constitutional provisions, and political implications of the bill. Also, analyse how the bill aligns with the principles of representative democracy and gender justice in India. (15 Marks)

Approach: MODEL-ANSWER SKELETON:
1. **Legislative Journey**: Trace the origins of the bill (introduced in 1996, passed in 2023 by Lok Sabha, pending in Rajya Sabha), highlighting key milestones and political debates.
2. **Constitutional Provisions**: Explain Articles 330A (proposed) and 332A (proposed) for reservation in Lok Sabha and State Legislatures; contrast with existing provisions for women in Panchayats (73rd/74th Amendments).
3. **Delimitation Process**: Discuss the role of the Delimitation Commission, its constitutional basis (Article 82), and the debate over its fairness and potential biases.
4. **Political Implications**: Analyse the impact on party dynamics, coalition politics (e.g., BJP-SAD alliance), and regional representation (e.g., Punjab’s demand for timely implementation).
5. **Representative Democracy & Gender Justice**: Evaluate the bill’s alignment with Ambedkar’s vision of social democracy, feminist critiques of reservation (e.g., tokenism vs. structural change), and the Sikh Gurus’ teachings on gender equality cited by SAD.
6. **Challenges**: Highlight implementation hurdles (delimitation delays, rotation of reserved seats, OBC sub-quota debate) and counterarguments (meritocracy, federalism).
7. **Conclusion**: Weigh the bill’s potential to transform gender representation against its limitations, suggesting reforms (e.g., simultaneous state-level reservations, data-driven delimitation).

Source: amarujala.com

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