The 106th Amendment Act is also known as the Women’s Reservation Bill, of 2023. It was presented in the Lok Sabha on September 19, 2023, during the Parliamentary special session. The act aims to provide women with thirty-three percent of the seats in the directly elected Lok Sabha and state legislative assemblies. On September 20, the Lok Sabha passed the bill with 454 votes in favor and 2 against. With 214 votes in favor and 0 against, the Rajya Sabha passed the bill on September 21, 2023. This article will look into the 106th Amendment Act of the Indian Constitution, including its provisions, implementation, and criticism.

Background of the 106th Amendment Act

• On December 9, 1946, the Constituent Assembly of India met for the first time in what is now called the Central Hall of the Old Parliament House. Surprisingly, Sarojini Naidu was the only woman present at all times and sat in the first row facing the presidential dais. Women’s quotas were previously addressed in 1996, 1997, and 1998, but due to the dissolution of the Lok Sabha and the lack of agreement among political parties, the matter could not be advanced further. Concern over women’s underrepresentation in legislative bodies has grown in the last several decades, even though women make up over half of the world’s population.
• Achieving quick economic progress is greatly limited by this democratic deficit. As such, it is more and more necessary to give this matter top priority in order to strengthen a political decision-making process that is inclusive, responsive, accountable, participatory, and equitable. Modern Indian culture needs to put the Women’s Reservation Bill, also known as the Constitution 108th Amendment Bill of 2008, into effect.

Provisions of the 106th Amendment Act

The following are the provisions of the 106th Amendment Act:

1. Article 239-AA now includes additional provisions. Women’s seat reservation in the Delhi Legislative Assembly. Women would be allocated one-third of the seats designated for Scheduled Castes. One-third of the seats that require direct election would be set aside for women, including those from Scheduled Castes.
2. Article 330-A also includes new provisions. Women’s seat reservations in the House of People or Lok Sabha. Women who are members of Scheduled Castes or Scheduled Tribes will be entitled to one-third of the seats allotted under Article 330 (2). Women will be given preference for one-third of the seats that need to be filled by direct election; this includes the number of seats set aside for women from Scheduled Castes and Scheduled Tribes.
3. Article 332-A includes that every state’s legislative assembly has seats set aside for women. Women from Scheduled Castes or Scheduled Tribes will be entitled to one-third of the seats allotted under Article 332(3). One-third of the seats that must be filled by direct election will be filled by women, including the number of seats reserved for women from Scheduled Castes and Scheduled Tribes.
4. After the delimitation exercise, seat rotation will take place.
5. After 15 years from the date of commencement, the Act will come to an end.

Implementation of the 106th Amendment Act

• The reservation was intended to go into effect following the publication of a new census and the conclusion of the delimitation process. Following the elections, a census would be conducted in order to put the women’s reservation bill into effect, Union Home Minister Shah stated in the House. He also dismissed concerns about a potential delay in the bill’s execution, stating that the delimitation will be implemented by the incoming administration shortly after the 2024 Lok Sabha elections.
• Revision of State Assemblies’ and the Lok Sabha’s constituency boundaries is part of the delimitation process, which attempts to appropriately account for population growth. The bill must receive ratification from at least 50% of the states in order to be fully enacted. The possible impact of the act on state rights is the constitutional justification for seeking ratification by the states.

Parliamentary Discussions on the 106th Amendment Act

The following explains the parliamentary discussions on the 106th Amendment Act in detail:

• Prime Minister Narendra Modi stressed the importance of progress led by women during his opening speech at the New Parliament House. According to him, the first women’s reservation bill was submitted in 1996, during the United Front administration. It tried multiple times but was unable to get the necessary support. Modi emphasized the necessity of having more women in positions of policymaking to enhance India’s democratic system. He founded the ‘Nari Shakti Vandan Adhiniyam’ with the goal of boosting women’s involvement in the formulation of public policy.
• According to Finance Minister Nirmala Sitharaman, the Women’s Reservation Bill will be implemented following a delimitation procedure following the conclusion of the initial census. Opposition parties, including the Communist Party of India, Trinamool Congress, and Nationalist Congress Party, have raised concern over the delay in implementation. The Upper House passed the bill unanimously on September 21, 2023, with Prime Minister Modi present during the voting process.

Criticism of the 106th Amendment Act

• The critics argue that limiting the number of seats to women will favor educated, urban women at the expense of poor rural women from lower castes. However, supporters of the bill say that patriarchal concerns about women losing power if they are given a sufficient number of seats are the driving force behind these leaders of political parties’ opposition.
• The bill received criticism from political groups including the Congress, Samajwadi Party, and Rashtriya Janata Dal for failing to include a provision that would have granted OBC and minority women reserved seats in parliament. Thus, providing them with equal representation. It would be more difficult for marginalized women to speak up in Parliament without an OBC or minority quota.

Summing up

The Women’s Reservation Bill, 2023, or the 106th Amendment Act, seeks to give women thirty-three percent of the seats in state legislative assemblies and the directly elected Lok Sabha. With 454 votes in favor and 2 against in the Lok Sabha and 214 votes in favor and 0 against in the Rajya Sabha, the measure was approved. The amendment provides for the reservation of seats for women in the House of People, the Delhi Legislative Assembly, and the legislative assemblies of all states. After the delimitation procedure is finished and a new census is conducted, the bill is anticipated to be put into effect. Opponents argue that limiting the number of seats to women will disadvantage impoverished rural women from lower castes and instead benefit educated, metropolitan women.