Why in News?
- The Supreme Court (Bench led by Justice B.V. Nagarathna and Justice R. Mahadevan) observed that women are the “largest minority” in India, constituting 48.44% of the population, yet their representation in Parliament is declining.
- The Court was hearing a petition by Jaya Thakur, seeking early implementation of the Nari Shakti Vandan Adhiniyam, 2023 (106th Constitutional Amendment Act).
- Justice Nagarathna questioned the delay in operationalizing the Act, asking: “Why delay the Vandan?”
Relevance:
GS 2 – Polity & Governance
• Women’s reservation and constitutional provisions – Articles 15(3), 243D, 243T
• Supreme Court activism and separation of powers
• Women’s political empowerment and democratic deepening
• 106th Constitutional Amendment Act, 2023 (Women’s Reservation Bill)
• Barriers to representation – patriarchal norms, electoral financing, tokenism
GS 1 – Indian Society
• Gender equality and political participation as indicators of social empowerment
• Feminist constitutionalism and inclusive governance
Basic Facts
- Law Name: Nari Shakti Vandan Adhiniyam, 2023
- Constitutional Amendment: 106th Amendment Act
- Provision: 33% reservation for women in the Lok Sabha and State Legislative Assemblies.
- Assent: President Droupadi Murmu, September 2023.
- Status: Not yet implemented — awaits next Census and Delimitation exercise.
- Duration: Valid for 15 years, extendable by Parliament.
Supreme Court’s Key Observations
- Women as the “largest minority” — though nearly half the population, women remain politically underrepresented.
- Political justice is as vital as social and economic justice — echoing the Preamble’s triad of justice.
- Cited Article 15(3) — empowers the State to make special provisions for women’s advancement.
- Questioned why Census and Delimitation are being used as preconditions for implementation.
- Stressed that a Constitutional amendment can’t be “held back” indefinitely due to procedural delays.
Data and Trends: Women in Indian Politics
- Population Share: 48.44% (Census 2011).
- Lok Sabha Representation:
- 2014: 62 women MPs (11.3%)
- 2019: 78 women MPs (14.36%) — highest ever, but still below global average.
- State Assemblies: Average 9% representation across India (2023 data).
- Global Comparison (IPU 2024):
- Rwanda – 61%,
- Mexico – 50%,
- UK – 34%,
- India – 14%.
- Local Bodies (73rd & 74th Amendments): Over 13 lakh women representatives (≈45%) — a proven model of political empowerment.
Constitutional & Legal Context
- Article 15(3): Enables affirmative action for women.
- Article 243D & 243T: Mandate 1/3rd reservation for women in Panchayati Raj and Urban Local Bodies — successfully implemented.
- Article 82: Calls for delimitation after each Census — hence used as a basis for delaying the women’s quota implementation.
- Past Attempts:
- Bills introduced in 1996, 1998, 1999, and 2008, but never implemented until 2023.
- Women’s Reservation Bill (2008) passed Rajya Sabha in 2010 but lapsed.
Critical Issues
- Implementation Delay: Conditional upon Census (yet to be conducted) and Delimitation, making the law’s enforcement indefinite.
- No Fixed Timeline: The Act does not prescribe deadlines for Census or delimitation.
- Possible Legal Vacuum: The Census last held in 2011; next delayed due to COVID-19 and administrative reasons.
- Political Implications: Risk of tokenism without structural follow-up.
Scholarly Perspectives
- Dr. B.R. Ambedkar: Warned that “political democracy cannot last unless it lies at the base of social democracy.”
- Martha Nussbaum (Political Theorist): Argues that representation ensures justice through voice and visibility, especially for marginalized groups.
- Justice Nagarathna’s remark aligns with feminist constitutionalism — recognizing women as a distinct, underrepresented constituency.
Broader Governance Implications
- Democratic Deepening: Women’s presence in legislatures improves policy diversity (health, education, gender equity).
- Evidence:
- World Bank (2022) – countries with ≥30% women lawmakers have higher social spending and lower corruption indices.
- UN Women – gender quotas globally raise female representation by 15–20 percentage points within two elections.
- Policy Continuity: Strengthening pipeline from local governance (73rd–74th) to legislative representation.
Way Forward
- Expedite Census & Delimitation: To operationalize reservation before 2029 General Elections.
- Voluntary Party Quotas: Political parties can nominate more women candidates even before legal enforcement.
- Gender Sensitization in Political Institutions: Training, funding support, and leadership mentoring for women.
- Periodic Review Clause: Parliament should institute implementation monitoring via Standing Committees.
