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106th Amendment of the Indian Constitution - A New Chapter in Representation

What is the 106th Amendment of the Indian Constitution?

The 106th Amendment to the Indian Constitution, also referred to as the Women's Reservation Act, was approved by the Indian Parliament in 2023. This amendment mandates that women hold a third of the seats in both the State Legislative Assemblies and the House of People (Lok Sabha).

Seats reserved for Scheduled Tribes (ST) and Scheduled Castes (SC) also contain quotas for women. By reserving seats, this amendment aims to increase female participation in Indian politics and promote gender equality in government decision-making.

Key Features of this Amendment:

One-third of all seats, including seats already designated for SC and ST groups, are reserved for women.
This applies to the Lok Sabha, the Delhi Legislative Assembly, and each State Assembly.
The reservation's will last for 15-year initially, but Parliament can extend it if needed.

Why was the 106th Amendment Introduced?

India has long struggled with the underrepresentation of women in politics. Women have only been represented in a limited percentage of Parliament and State Assemblies—between 10 and 14 percent—despite making up over half of the population. This disparity has significantly influenced policymaking, which often fails to sufficiently reflect women's perspectives.

Objectives of the Amendment:

To Promote Gender Equality: The amendment upholds the equality outlined in the Constitution by promoting greater and equal representation for women.
To Empower Women in Politics: Women's reservation in legislatures will allow more women to take on leadership roles and influence public policy.
To Align with Global Norms: This adjustment helps India get closer to the high international norms for gender representation found in several countries, like Sweden, Norway, and Rwanda.

Significant Provisions of the 106th Amendment

The Indian Constitution's 106th Amendment makes several important adjustments to increase the participation of women in different legislative bodies. The main articles that were added and changed are as follows:

1. Amendments to Article 239AA:

In Article 239AA, three new clauses were inserted:

(ba): This clause mandates that seats shall be reserved for women in the Legislative Assembly of the National Capital Territory of Delhi.
(bb): It states that as nearly as may be, one-third of the seats reserved for the Scheduled Castes in the Delhi Legislative Assembly shall be reserved for women.
(bc): This clause specifies that as nearly as may be, one-third of the total number of seats to be filled by direct election in the Delhi Legislative Assembly (including the number of seats reserved for women belonging to Scheduled Castes) shall be reserved for women.

The amendments to Article 239AA have significantly increased women's representation in the Delhi Legislative Assembly. By giving a specific percentage of seats to women, especially those from underrepresented groups, the amendment aims to promote gender equality in political representation and empower women in government.

2. Insertion of New Article 330A:

A new article 330A, was added to the Constitution:

(1) This provision states that seats shall be reserved for women in the House of the People (Lok Sabha).

(2) It specifies that as nearly as may be, one-third of the total number of seats reserved under clause (2) of Article 330 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes.

(3) It further states that as nearly as may be, one-third of the total number of seats to be filled by direct election to the House of the People shall be reserved for women.

Article 330A is crucial in guaranteeing gender parity in the Lok Sabha. In addition to allowing women to fully participate in national politics, this ensures marginalized women from SC and ST backgrounds a platform to voice their interests and concerns.

3. Insertion of New Article 332A:

Another new article 332A, was introduced which states that:

(1) This article mandates that seats shall be reserved for women in the Legislative Assembly of every State.

(2) It specifies that as nearly as may be, one-third of the total number of seats reserved under clause (3) of Article 332 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes.

(3) It states that as nearly as may be, one-third of the total number of seats to be filled by direct election in the Legislative Assembly of every State shall be reserved for women

By replicating the provisions for the Lok Sabha at the state level, Article 332A seeks to guarantee that women's representation is not limited to national politics but also extends to state assemblies. The idea of equality and inclusion in political representation at all governmental levels is thus strengthened by this amendment.

4. Insertion of New Article 334A:

A new article, 334A, was added, detailing conditions for the implementation of reservation which states:

The provisions for the reservation of seats for women in the Lok Sabha, State Assemblies, and the Delhi Assembly shall come into effect after an exercise of delimitation is undertaken based on the first census taken after the commencement of the 106th Amendment and will cease to have effect after fifteen years.
It allows reserved seats for women to continue until a date determined by Parliament, subject to Articles 239AA, 330A, and 332A.
The article states that the rotation of reserved seats shall take effect after each subsequent delimitation, as determined by Parliament.
It clarifies that nothing in this article shall affect the current representation in the Lok Sabha or Legislative Assemblies until their dissolution.

Article 334A lays out the structure for implementing the reserve provisions, assures their review after 15 years, and establishes a specific timetable for their implementation. It also states that the reservation of seats for women in legislatures won't take effect until the first census after the amendment is completed and a delimitation procedure based on this census is carried out. This ensures that a fair portion of the reserved seats will go to the constituency. This approach finds a compromise between the reality of electoral processes and demographic changes and the pressing need to increase women's representation.

What is the Rotation of Seats?

The 106th Amendment of the Indian Constitution introduces a provision for the rotation of seats reserved for women in legislative bodies. According to Article 334A, the rotation will take effect after each delimitation exercise conducted by the Parliament. (The "delimitation exercise" refers to redrawing the boundaries of electoral seats to ensure equal representation in legislative bodies using the most recent census data). This means that after every census and subsequent delimitation, the specific seats reserved for women will be reassigned or rotated among various constituencies.

This rotation aims to prevent any control over seats by particular groups or constituencies, without giving others a chance, thereby promoting participation among women from diverse backgrounds. It encourages different constituencies to have opportunities to elect women representatives, promoting inclusion and equality in political representation.

Moreover, the rotation process is designed to ensure that women from various communities, especially those belonging to Scheduled Castes (SC) and Scheduled Tribes (ST), have fair representation across different legislative assemblies. This rotational system not only helps in empowering women but also aligns with the democratic principle of equal opportunity in political participation.

How Does the 106th Amendment Affect the Indian Judiciary and Governance?

Judicial Implications

The 106th Amendment Act, which introduces reservations for women in various legislative bodies, could have several impacts on the judiciary:

In situations where the amendment's implementation is disputed on procedural or constitutional grounds, courts may be requested to interpret and uphold its provisions.
The courts would also have to oversee any legal concerns related to compliance, such as ensuring that seats designated for women are distributed fairly and that the reservation process adheres to the requirements of the Constitution.
Since the amendment relies on delimitation to implement reservations, any disputes arising from this exercise may end up in the courts, requiring judicial review and oversight.
To find a balance between the new measures and existing constitutional protections, the judiciary will be responsible for addressing any claims that the amendment disregards or violates other minority or representation rights.
Since reserved seats are subject to change, there can be problems with the consistency and fairness of rotation. The judiciary may need to clarify how rotation should work in practice to avoid unequal representation.
If future amendments or extensions are proposed, judges may need to review or interpret the reservation clauses' 15-year expiration date to ensure that any continuation aligns with constitutional requirements.
The judiciary may need to examine whether this amendment sets a precedent for similar amendments in other sectors, such as judicial appointments or representation within other governmental bodies, which could change legislative interpretations of representation.

Impact on Governance:

Diversity in Policy Making: The amendment is expected to bring a variety of perspectives to policy discussions by giving women a sizable portion of the seats, particularly when it comes to issues that directly affect women, such as social justice, healthcare, and education.
Strengthening of Municipal Leadership: By fostering local female leadership, it is anticipated that the act will inspire more women to engage in politics on a national level as well as in municipal and urban assemblies.
Potential Challenges in Implementation: As with any major constitutional modification, the 106th Amendment’s implementation may raise practical concerns, such as establishing constituency boundaries for rotating reserved seats and ensuring equal voting opportunities. The Election Commission will play a crucial role in these operational changes.

Conclusion

The 106th Amendment is a major step toward gender equality in Indian politics. By giving women a third of seats in significant legislative bodies, it addresses historical injustices and promotes global efforts to increase women's representation.

However, the effectiveness of this amendment depends on its thorough implementation, continuous assessment, and possible extensions beyond the initial 15-year timeframe. With women's voices growing more influential in government, the amendment has the potential to change Indian politics and make it more inclusive, equal, and representative of the entire population.

FAQs

1. How will this amendment affect political parties in terms of candidate selection?

Answer: Political parties may be forced to change their candidate selection processes in response to the new reservation requirements, which could lead to an increase in female candidates and a shift in party dynamics.

2. What measures will be implemented to ensure that women hold these seats?

Answer: For these protected seats, political parties are typically expected to nominate female candidates, and the Election Commission may keep an eye on compliance. The Amendment does not, however, specify how enforcement will be carried out.

3. How does this amendment align with global trends in women's political representation?

Answer: Similar policies have been implemented in many nations to boost the representation of women in politics, and the 106th Amendment is in line with global norms that support gender equality, including those supported by the UN.

4. What are the potential challenges in implementing this amendment at the ground level?

Answer: Challenges may include potential barriers including ensuring female candidates have the resources and support, voters' lack of awareness of the new rules, and hostility from political parties.

5. Will the reservation of seats for women affect the overall number of seats in the Lok Sabha and State Assemblies?

Answer: Although there will be no change in the overall number of seats, the reserved seats will specifically guarantee women's representation, which could affect the gender balance within the current structure.

References

Written by Swarangi Gaikwad

Swarangi is a second-year law student at ILS Law College, Pune, with a keen interest in criminal and family law. She is actively exploring different areas of the legal field while honing her research, writing, and analytical skills to build a solid foundation for a successful legal career.