The inadequate representation of women in Indian politics can be tracked to since the period of independence. The Constitution ensured formal equality but failed to provide equal participation. Despite the fact that women were accorded universal adult franchise at the very inception, the representation of women in the legislative bodies has been very low. Women have always held a minimal proportion of seats in the Lok Sabha and State Legislative Assemblies over the decades, and this has demonstrated that there has always been a disparity between political right and actual representation.
This imbalance formed a necessity to take affirmative actions in improving the participation of women in governance. The 73rd and 74th Constitutional Amendments of 1992-93 was a big turning point, which added reservations of women in Panchayati Raj Institutions and urban local bodies. These reforms resulted in the significant expansion of the presence of women at the grassroots level and proved that reservation may be a successful measure to expand political inclusion. These measures were successful and this served as an argument in support of extending the same provisions to their superior legislative bodies like Parliament and State Assemblies.
The concept of women reservation in Parliament was firstly presented in 1996 under the government of Shri H. D. Deve Gowda. The bill was aimed at reserving 33 percent of the seats in the Lok Sabha and State Legislative Assemblies to women. But it was immediately met with strenuous opposition in Parliament. The critics were also concerned about the fact that there was no sub-quota of women belonging to Other Backward Classes since they could be discriminating and benefitting women of more advantageous background. The bill lapsed because of the absence of the consensus and the Lok Sabha dissolution.
The bill was reintroduced several times in the subsequent governments, under Shri Atal Bihari Vajpayee, in 1998, 1999 and the early 2000s. It was every time received with interruptions and opposition in Parliament. Other than the argument to have sub- quotas, political interests were also involved whereby sitting members were afraid of losing their constituencies because of the seat reservations and rotation. These recurring failures underscored the challenge of reaching a political consensus on the issue that has a direct impact on the electoral power structures.
One of the significant events in the path of the Women Reservation Bill was the reintroduction by Shri Manmohan Singh’ Government in 2008. It was passed in 2010 in the Rajya Sabha. It was the first time that the proposal has passed one of the Houses of Parliament. This was regarded to be a breakthrough following several years of futile efforts. Nevertheless, despite this development, the bill was unable to go through the legislative process. It never came to the floor of the Lok Sabha, where it faced a vehement opposition of a number of political leaders, such as Shri Mulayam Singh Yadav of Samajwadi Party and the members of Rashtriya Janata Dal. They were mostly based on the demands of a sub-quota of women belonging to Other Backward Classes, as well as the feeling that the bill, being as it is, would give an unfair advantage to women in socially and economically advantaged segments of the population.
Due to these differences and lack of political will, the bill was not proceeded in the Lok Sabha and it lapsed again. This episode was clear evidence that although there was an increasing tolerance of the notion of women reservation at an intellectual level, it was still crippled by political boundaries, antagonistic social justice agendas, and political calculations inside the parliament system.
The first success was when the 106th Constitution Amendment was passed in the year 2023 providing 33% reservation for women in the House of People and in the State Legislative bodies. There was no reservation provided for the women belonging to other backward classes. It provided the reservation for women shall come into effect after an exercise of delimitation is undertaken after the relevant figures for the first census taken after commencement of the amendment in the Constitution have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement. The first census, is the current census mentioned in the amending constitution amendment, is in progress. The Article 82 provides that upon the completion of each census, the allocation of seats in the House of the People to the States and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine.
In other words, the reservation will be effective after delimitation process in completed after the current census is completed. Conservatively, the census figures are not likely to be published prior to 2028. The Delimitation will take around two years, it being extensive exercise. The Last Delimitation process has taken six years, started in 2002 and published in the year 2008. Thus, the reservation may be effective only in the 2034 elections. This will be subject to the Condition if everything moves as per the constitutional scheme.
To give effect to the amendments in the Constitution in the year 2023, in the next elections due in 2029, another amendment was moved by way of the Constitution (One Hundred and Thirty-First Amendment) Bill, 2026. The basis of reservation was proposed to 2011 Censes instead of Census to be carried out after the 2023 amending provisions. The Country has lost another opportunity to effectively grant reservation to the women. Had the amended carried out, the women reservation could become a reality in 2029 elections.
Article 81 of the Constitution has fixed the seats for House of people as 530 (from 525) as the seats for the States and 20 (from 25) in the year 1987 for the Union Territories. It was by 42nd Constitutional Amendment, the number of seats were frozen in the year 1976 until the relevant figures for the first census taken after the year 2000 have been published. The year 2000 was substituted with the year 2026 by the Eighty-Fourth Amendment in the year 2002 with effect from 21.2.2002. Thus the number of seats have remain frozen for almost 50 years. The population in the year 1976 was 547,949,809 and became more than double being 1,210,854,977 as per the census of the year 2011. The census due in 2021 is being undertaken these days. The population can be around 145 -150 Crores.
This issue is closely bound with the constitutional system that is enshrined under Article 81 and 82 of the Constitution of India that states that apportionment and redistribution of seats in Lok Sabha should be done after each Census by an organization appointed by the Parliament, which is usually called Delimitation Commission of India. Delimitation is aimed at making sure that the representation in the legislature does not become out of proportion compared to the changes in population over the last fifty years. With the ever-increasing population, not only there is a greater need to provide for the representation of women, but also the need to re-evaluate the overall number and allocation of seats in the Lok Sabha, in order to ensure equitable, proportional, and balanced representation of the country.
The legislation stipulates one-third reservation of women in the Lok Sabha and State Assemblies, even in the pre-existing quotas of Scheduled Castes and Scheduled Tribes. But another demand raised is reservation for other backward classes. Article 15 of the Constitution prohibits discrimination against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Sub-Clause (3) permits the State from making any special provision for women and children. The reservation as mandated by the Constitutional Amendment in year 2023 will fall within the scope of this provision. The reservation for other backward classes may not fall within Sub-Clause (4) as it provides for making any special provision for the advancement of any socially and educationally backward classes of citizens. Whether, special provision will include reservation for other back class is debateable question. Nevertheless, it is political issue which interests political class.
It is largely considered to be a historic move towards better gender representation in the governance. Nonetheless, two main processes have been associated with the implementation of this reservation, the next population census, and the delimitation of constituencies. Delimitation is the process of redrawing of electoral boundaries by the Delimitation Commission of India to reflect the changes in the population and create a balanced representation. By associating the concept of reservation with delimitation, the government will be able to assign specific seats, and not basing on the antiquated structure of the constituency.
The reservation for women is tightly interwoven with the delimitation process. The opportunity to increase the number of electorate and recalculate the boundaries of the constituency offers a chance to introduce gender-based reservation in a more systematic and fair way. Therefore, demographic expansion as well as the constitution supports the idea that the rise of the number of women in higher legislatures is not only a social justice but also a rational continuation of the Indian democratic and constitutional system. The other view to reserve seats on the basis of the existing seats is not possible, firstly, the Constitution (as amended) does not support it. Secondly, with almost three fold increase in population, the size of the constituencies have become unviable both for the voter and the candidate.
In these regards, the reform is hard to see as an immediate electoral strategy, rather, it seems to be a structural one that is to be implemented in the long run to change the political representation.
Nevertheless, there are some concerns despite its importance. The move on the reserved seats rotation can deter long term political investment in the constituency and lack of a sub-quota on OBC men or women remains a matter of debate. More general questions are whether reservation in and by itself suffices to achieve substantive empowerment or whether greater social and institutional transformations are necessary.
To sum up, both the history of the Women Reservation Bill and gender inequality demonstrate how the issue has endured and the intricacies of democratic change in India. Although the 2023 bill is a clear milestone, its actual impact will rely on its implementation process and timeline, and the overall political landscape in which women leaders are coming out and acting. I feel that issue of women reservation has not succeeded again on the premise that delimitation is based upon 2011 census and the reservation should be as per the existing seats.
Is this only an excuse to object to the reservation or some genuine concerns. This attempt was made to start the process of delimitation immediately so that with increased seats, the women can get the recognition, which is alluding them. But the deferment for a grant of reservation in the 2034, is a lost chance again based on political compulsions. What happens in the post 2029 situation is subject matter of conjecture. The demand for reservation for the other back class category is going to be another reason not to grant benefit. The seats are not reserved for OBC category for men and women, and without constitution amendment, it may not be just possible.
Thus, the reservation of seats for women is still a distant dream with many twists. But in any case, India lost an opportunity to see implementation of reservation of seats for women in the 2029 parliament election or the state assembly elections.
Justice (Retd) Hemant Gupta, Former Judge Supreme Court of India