The Women's Reservation: One Hundred and Eight Amendment(108th) Bill

Background and Highlights of the Women's Reservation Bill....

The women's reservation bill-108 Constitution Amendment Bill- reserving one-thirds seats for women in Lok Sabha and Assemblies was passes in Rajya Sabha in March, 2010.

Background

In 1974, the report of the committee on status of women highlighted the low number of women in political bodies and recommended that seats be reserved for women in panchayats and municipal bodies. The National Perspective Plan for Women(1988) recommended a quota of 30% in panchayats, municipalities and parties. Representation for women in panchayats and Municipalities was done through the 73rd and 74th Amendments passed in 1993.

In 1996 during the United Front government, the first move for a women's quota in Lok Sabha and state assemblies was made but it ran into resistance from the OBC chieftains, Mulayam Singh Yadav and Lalu Prasad. Subsequent attempts to introduce the Constitution Amendment Bill in 1998 and 1999 failed, again because of OBC-led resistance. In 2008, UPA-I introduced the bill in the rajya sabha despite strong protests from Lalu Prasad, then an important ally of the Congress Party.

Highlights of the Women's Reservation Bill

The women's reservation bill seeks to reserve one-third of all seats for women in the Lok Sabha and in the state legislative  assemblies. The allocation of reserved seats is to be determined by an authority to be designated by parliament. One-Third of the total number of seats reserved for Scheduled Caste/Scheduled Tribes(SC/ST) in the loksabha and the legislative assemblies will be reserved for SC/ST women. Reservation for women will cease 15 years after the commencemennt of the Act.

Reserved seats will be allotted by rotation to different constituencies in the state or union territory. If a state or union territory has only one seat in Lok Sabha, that seat will be reserved for women in the first 3 cycle of general election. If there are two seats, each will be reserved for SC/STs. Of the seats in Lok Sabha reserved for Anglo-Indians, One will be reserve for women in each of the two elections in a cycle of three elections. A total of 181 seats will be reserved for women.

Women Reservation in Other countries....

Rwanda is the only country in the world with more women(56%) than men in their national legislative body through the quota system. Sweden follows with 47%, South Africa(45%), Iceland(43%), Argentina(42%), the Netherlands(41%) and Norway and Senegal with 40%.

In Pakistan, the percentage of women in the National Assembly reached 22% 17-11-10. In Nepal, the percentage for women. China has 21% women in the National People' Congress without any quota policy.

Opposition of the Women's Reservation Bill

The Political parties as SP, RJD leaders like Mulayam Singh Yadav and Lalu Prasad oppose th bill openly. They demand for a sub-quota for OBC and Muslim women.

Critics have highlighted many flows of the bill. Rotating constituencies mean woman cannot nurse a constituency. Reservations do not extend to the Rajya Sabha, creating a Parliamentary analomy. Reservations could mean upper case women MPs at the expense of backward castes. The Indian Constitution allows electoral reservation only for SC/ST. OBC have reservation in education and jobs, but no quota in legislatures.

Women's Reservation: Ratifying by States

There is an opinion that women's reservation Bill have to be ratified by half the state legislatures before it is signed into law by the president. Comprehensive analysis indicates that ratification by state legislatures is not required. One can state the below:

This Bill amends the constitution. It (a) ammends Article 300A, Article 332A, Article 334A. In doing so the Bill:

• Seeks to reserve one-third of all seats for women for seats for women in the loksabha and the state legislative assemblies;
• One-third of the total number of seats reserved for scheduled Tribes and scheduled Castes shall be reserved for women of those groups in the Lok Sabha and the legislative assemblies;
• Reserved seats may be alloted by rotation to different constitutional.

Article 368 regulates the procedure for amending the constitution. It states that the ratification of the state legislatures to a constitutional amendment is required in the following cases:

1. If there is a change in the provisions regarding elections to the post of the President of India.
2. If there is a change in the extent of the executive power of the centre or the state governments.
3. If there is any change in the provisions regarding the union judiciary or the High Courts.
4. If the distribution of legislative powers between the centre and the states is affected.
5. If any of the lists in the seventh schedule is affected.
6. If the representation of the states in the Rajya Sabha is changed.
7. Lastly, if article 368 itself is amended.

None of there provisions are attracted in the case of the Women's Reservation Bill .

Thus Article 368 very clearly lays down situations in which state legislatures have to ratify a piece of legislation before it can receive the ascent of the President.