Historic Women’s Reservation Bill clears Parliament hurdle

The historic Women’s Reservation Bill on Thursday cleared the Parliament hurdle with Rajya Sabha passing it unanimously, amid the ruling BJP announcing a deadline of 2029 for its implementation while the Opposition seeking an immediate earmarking of 33% seats for women in Lok Sabha and state Assemblies.

All 214 MPs present in Rajya Sabha voted in favour unlike in Lok Sabha where two AIMIM lawmakers opposed it. Soon after the Bill was passed, Rajya Sabha adjourned the Special Session sine die.

The Bill, whose debate and voting took 12:30 hours, now will have to get the assent of at least half of the states before President Droupadi Murmu puts her signature, which is the final stamp for it to become the law of the land. However, a census and subsequent delimitation will determine the seats and it could take years.

This time, the treasury benches and Opposition argued for the Bill on predictable lines – the NDA hailed it as a historic decision while the Opposition sought quota for OBC women and an immediate implementation of reservation by removing provisions for delimitation but voting in its favour at the end.

However, MPs from Congress, CPI(M), CPI, RJD and Samajwadi Party moved amendments for including a provision for quota for OBC women within the women’s quota as well as removing provisions for a census and delimitation. However, they did not press for a vote.

Just before the voting on the Bill, Prime Minister Narendra Modi briefly intervened in the debate and thanked the MPs for their support. “The spirit which we showed here will instil new confidence among people,” he said.

The Constitution (128th Amendment) Bill, 2023 was passed 454-2 in Lok Sabha on Wednesday after a marathon debate and voting that lasted for around 10 hours. Once it is cleared, this will become the 106th amendment to the Constitution.

Responding to the debate that saw 72 MPs and ministers participating, Law Minister Arjun Ram Meghwal said MPs should not be worried about the implementation of women’s quota.

“Don’t be worried. ‘Modi hei toh mumkin hei’ (It is possible if Modi is there),” he said though he did not provide an exact year for its implementation. Earlier in the day, BJP president and Rajya Sabha MP JP Nadda said quota will be in place in 2029.

Amid Opposition leaders alleging that the delimitation may lead to reduction to seats in south India, Finance Minister Nirmala Sitharaman said, "this exercise of delimitation will be limited to identify the number of seats and those seats which are to be reserved seats for women and it shall not affect inter se distribution of seats of Lok Sabha and state Assemblies."

Responding to the Opposition questioning the BJP why it did not bring the Bill for the past nine years, she said the government wanted to make consensus and deliver socio-economic empowerment. She also said there is no specific mention of OBC reservation in the Constitution and that is why this Bill cannot have this provision.

Leader of Opposition in Rajya Sabha Mallikarjun Kharge said the Congress and other parties offer unconditional support for the Bill and it should be implemented immediately. “This should not remain an election jumla…There is no need to link delimitation with women’s quota. Do it immediately,” he said.

Kharge also raised the pitch on OBC quota within women’s reservation and asked the government to spell out the timeline for implementing the quota regime for women in Parliament and Assemblies.

The proposed legislation has come full circle in Rajya Sabha 13 years after the UPA government managed to pass it amid high drama when women MPs formed a protective ring around the then Law Minister HR Bharadwaj to introduce the Bill.

Pro-Mandal parties like SP and RJD had then demanded a quota for OBC women and halted its passage in Lok Sabha. However this time, those parties raised the demand once again and got more support but voted in favour of the Bill despite the government not acceding to their demand.