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Overview of the Constitution (128th Amendment) Bill, 2023

Key Features and Implications for Women's Representation

Overview of the Constitution (128th Amendment) Bill, 2023

  • 29 Sep, 2023
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Introduction

The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 was introduced on September 19, 2023. Its primary objective is to reserve one-third of the total seats in the Lok Sabha and state legislative assemblies for women, aiming to enhance their participation in politics.

Key Features of the Bill

  • Reservation for Women: The bill proposes that approximately one-third of all seats in the Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi be reserved for women. This includes seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
  • Commencement of Reservation: The reservation will take effect after the census conducted following the bill's commencement is published. Delimitation of constituencies will be based on census data to allocate seats for women. Initially, this reservation will be for 15 years but can be extended through a law passed by Parliament.
  • Rotation of Seats: Seats reserved for women will rotate after each delimitation exercise, as determined by a law enacted by Parliament.

Issues to Consider

Purpose of Reservation

The primary goal of reserving seats for women is to enhance their representation and influence in the political system, addressing long-standing gender-based discrimination.

Opponents' Arguments

Critics argue that creating separate constituencies for women may limit their perspectives and perpetuate unequal status. Some believe women should compete solely based on merit, while others emphasize the need for broader electoral reforms, such as tackling the criminalization of politics and enhancing internal democracy within political parties.

Alternatives to Reservation

Two alternative methods for enhancing women's representation include:

  • Reservation for Candidates Within Political Parties: This approach reserves seats for women candidates within political parties, promoting gender diversity.
  • Dual Member Constituencies: Introducing dual member constituencies where each constituency is represented by both a male and a female candidate.

Pros and Cons of Alternatives

  • Reservation Within Political Parties:
    • Advantages: Enhances democratic choice, provides flexibility for parties, empowers minority communities, and allows for flexible representation of women.
    • Disadvantages: No guaranteed election, potential misplacement, and risk of resentment among party members.
  • Dual Member Constituencies:
    • Advantages: Maintains democratic choice, is gender-neutral, and focuses on constituency issues.
    • Disadvantages: Women may be perceived as secondary candidates, necessitating gender balance, sharing of political bases, and complex parliamentary deliberations.

India in the Global Context

India's gender diversity in national legislatures is notably low compared to other countries like South Africa, China, Brazil, the United States, and the United Kingdom. Recent efforts to boost women's representation occur alongside concerning trends in female participation in the economy and issues related to domestic violence.

Womenomics

Recent initiatives, such as the Narishakti Vandan Adhiniyam, which proposes a 33% reservation for women in legislatures, emerge against the backdrop of declining female economic participation in India.

Low Labor Force Participation

India has the lowest female labor force participation rate among G20 countries, currently at just 24%. In contrast, countries like Australia, China, and Canada report rates above 60%.

Decline in Employed Women

Over the past seven years, the number of employed women in India has significantly decreased, with urban female workers dropping from 22.7 million to 12 million, and rural female labor force numbers declining from 45 million to 33 million.

Property Ownership

While there is a rise in female land and house ownership, the figures remain relatively low, with 42% of women owning land and 32% owning houses.

This summary highlights the term Womenomics and sheds light on the challenges associated with low female labor force participation and property ownership in India.

Frequently Asked Questions (FAQs)

Q1. What is the Constitution (128th Amendment) Bill, 2023?
Answer: This bill aims to reserve one-third of the total seats in Lok Sabha and state legislative assemblies for women, enhancing their political representation.

Q2. How long will the reservation for women last?
Answer: The reservation will initially be for 15 years but can be extended through a parliamentary law.

Q3. What are the criticisms of the women's reservation bill?
Answer: Critics argue it may limit women's perspectives and emphasize merit-based competition, alongside needing broader electoral reforms.

Q4. What is Womenomics?
Answer: Womenomics refers to initiatives aimed at improving women’s participation in the economy and politics, addressing challenges like low labor force participation.

Q5. How does India compare globally in female political representation?
Answer: India has relatively low gender diversity in national legislatures compared to countries like South Africa, China, and the USA.

 

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