New Delhi: Twenty-seven years after first being introduced, 13 years after it was passed by the Rajya Sabha and nine years after he himself came to power, Prime Minister Narendra Modi on Tuesday said that his government was finally ready to enact the Women’s Reservation Bill reserving 33 percent of all seats in the Lok Sabha and state assemblies for women.
Though he described this decision as “historic”, the Bill tabled by Union law minister Arjun Ram Meghwal makes it clear that the earliest that one-third of the seats in the Lok Sabha will be occupied by women will be 2029.
This is because the Bill says that the “provisions relating to the reservation of seats for women … shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after [the Bill is passed] have been published.”
This provision trying reservation to a fresh census and delimitation exercise was not part of the women’s reservation Bill passed by the Rajya Sabha in 2010 and effectively postpones the actual implementation of the “historic” measure to some unspecified date in the future.
The work for the 2021 census was postponed in 2020 – ostensibly due to Covid – and no new date for its commencement has yet been announced.
Assuming the census is held some time after the 2024 election, its results would take a year to compile and publish, after which an unspecified delimitation exercise would then have to be undertaken. Even though this work could conceivably be completed within a year of the 2024 Lok Sabha elections, reservation would only kick in after the existing house is dissolved – presumably after its five year term ends.
However, some assembly elections could conceivably be held under the new provisions.
In his first speech in the new parliament building, Modi said that there are certain days which are considered “milestones” in the history of every country.
“Such milestones come in the development journey of every country, when it proudly says that today we have created a new history. In the first speech of the first session of the new House, I am saying with great confidence and pride that today’s moment, today’s day is going to be recorded in history,” he said.
Only minutes prior to his speech, the Union government listed The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 in the Lok Sabha to be introduced by Meghwal.
Women’s Reservation Bill, 2023 by The Wire on Scribd
The move comes a day after speculation surrounding the introduction of the legislation after the Union cabinet on Monday reportedly cleared the Women’s Reservation Bill granting 33% reservation for women in parliament and state legislative assemblies.
However, there was no official statement from the government. There was also no cabinet briefing after the meeting late on Monday, which usually takes place.
Announcing the cabinet’s decision in his speech, Modi said that while there have been several attempts in the past to get this legislation passed, they were unsuccessful.
“This is a moment of pride for all of us. For several years, the Women’s Reservation Bill has been discussed in parliament. This was first introduced in 1996. During Vajpayee’s era, the Women’s Reservation Bill was presented several times but numbers were not enough to get it passed so that dream remained unfulfilled.
“Perhaps I have been chosen by God to do this auspicious work. Once again our government has taken a step in this direction. In yesterday’s cabinet meeting, the Women’s Reservation Bill was approved,” he said.
Modi urged all parliament members to build consensus and pass the Bill upon its introduction.
33 percent reservation to lapse after 15 years
The Bill states that one-third of seats will be reserved in the legislative assembly of the National Capital Territory of Delhi by amending Article 239AA, one-third of seats will be reserved for women in the Lok Sabha by amending Article 330 of the Indian Constitution, and one-third seats reserved in state legislative assemblies by amending Article 332. The Bill will be named Nari Shakti Vandan Adhiniyam.
One third of the seats currently reserved or Scheduled Castes and Schedule Tribes will also be reserved for women from these communities.
The Bill also has a built-in sunset provision of 15 years – after which reservation for women will automatically lapse. Unless, of course, it is renewed by parliament.
In its statement of objects and reasons, the Bill says: “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 Legislative Assembly of the National Capital Territory of Delhi to be reserved for women.”
The Women’s Reservation Bill – officially known as the Constitution (One Hundred and Eighth Amendment) Bill, 2008 – was introduced in the Rajya Sabha by the Manmohan Singh government and passed by the Upper House in 2010. However, due to fierce opposition from a few political parties who were part of the United Progressive Alliance, the Bill was never pursued in the Lok Sabha.
Credit war
Following Modi’s speech, protests were raised from the Treasury benches as the Leader of the Congress in the Lok Sabha, Adhir Ranjan Chowdhury said that successive Congress governments beginning with Rajiv Gandhi had sought to provide reservations to women.
“The reservation issue raised by the PM now, I want to state, the legislation was brought by prime minister Rajiv Gandhi in 1989 in local elections with 1/3 reservations for women. Successive Congress governments have subsequently tried to get the Bill passed. From Rajiv Gandhi, to the Narasimha Rao government to the Manmohan Singh government, different Congress governments at different times have tried to get it passed. If it was passed in Rajya Sabha it would get stuck in Lok Sabha, or if it was passed by Lok Sabha it would fall through in the Rajya Sabha.”
“The Bill brought by Manmohan Singh’s government is still valid as it was passed by the Rajya Sabha. Even in the CWC meeting, we demanded the passage of this Bill,” he said.
As the Congress MP was asked to conclude his speech, Union home minister Amit Shah rose from his seat and accused the Congress MP of stating “incorrect facts”.
“Adhir Ranjan ji has stated two incorrect facts,” he said.
“Either he should withdraw his comments or he should place the documents on the floor of the house. First, that the Women’s Reservation Bill was passed in the Lok Sabha – it has never been passed in the Lok Sabha. And second, that the old Bill is valid in the Lok Sabha. This Bill lapsed in 2014. He has made two factually incorrect statements. He should be asked to clarify or his statements be removed from the records, or he should place the relevant records on the floor of the house.”
After Chaudhary concluded his speech, Shah once again rose to reiterate the same points amid protests raised by the opposition members.
“Once the session of the Lok Sabha ends, the Bill also lapses,” he said referring to the Bill introduced by the Manmohan Singh government.
Subsequently, as Meghwal rose to introduce the Bill, opposition members raised protests and said that the Bill had not been listed in the house agenda.
Meghwal said that the Bill has been uploaded on the supplementary agenda.
“The Bill has been uploaded,” said Meghwal amid the din.
However, the Bill had only been listed in the supplementary list of business moments prior to Modi’s speech.
In his speech while introducing the Bill, Meghwal also said that the Bill passed by the Rajya Sabha under the Manmohan Singh government had lapsed.
“This Bill was brought in September 1996 under Deve Gowda. Then in 1998, the Vajpayee government brought it and then again in 1999, the Vajpayee government brought it again. The Manmohan Singh government brought it in 2008 in Rajya Sabha. And then it went to the department-related standing committee and when the report (from the committee) came, it was brought and passed in the Rajya Sabha. Then it was reported to the Lok Sabha secretary general and became a property of the Lok Sabha. When the 15th Lok Sabha ended, this bill also lapsed. And these people did not pass it purposely.”
Amid the din in the house between the opposition and treasury benches, Lok Sabha speaker Om Birla said that the Bill is only being tabled and a discussion will be held on Wednesday.
Note: This is a developing story and details will be added as they become available.