Divided House,defeated bill
India, April 18 -- In September 2023, a special session of Parliament enacted the Women's Reservation Bill with near unanimity: In the Lok Sabha, 454 members voted in its favour while a mere two legislators opposed the bill. The broad consensus in favour of reserving 33% of seats in Parliament and legislatures for women was a coming-of-age moment for the House and the nation; it was a welcome acceptance of the principle that women, who constitute half the population, should have a greater say in the republic's highest forum for deliberation and policy-making. It was then decided that the women's quota would be introduced after the census and delimitation of constituencies, in deference to the process outlined in the Constitution. In effect, this exercise would have been based on the census that started in 2026.
For unexplained reasons, the Centre earlier this month decided to advance the introduction of quotas by increasing the number of seats in legislatures through amendments in the 2023 women's reservation Act (131st Constitution Amendment Bill), and presenting a Delimitation Bill in a special session of Parliament convened at short notice and amidst campaigning for assembly elections in West Bengal and Tamil Nadu. To enable a proposed increase to a maximum of 850 Lok Sabha seats, the latest available census, in this case the 2011 one, would be used. Under the circumstances, it came as no surprise that the Opposition, which had supported the 2023 Act, refused to play ball and questioned the government's motive. On late Friday evening, the constitution amendment failed in the Lok Sabha (the government needed a two-thirds majority to pass the bill).
The government's efforts to build a consensus on the new bills rested on two grounds. One, it took the high moral ground in the name of nari shakti, pleaded with the Opposition to trust its intent, and then warned that women would not forgive them if they refused assent. Two, to address concerns about delimitation, the government offered a solution, though not on paper. It promised an across-the-board 50% proportional increase of the current Lok Sabha seats in every state to take the number to 815-816 to blunt the argument that delimitation could lead to a fall in the share of parliamentary constituencies in the southern states that have been more successful in population management efforts.
It is unclear how these numbers were arrived at, especially since the bills make no mention of it. A promise made on the floor of the House has no bearing on the law unless the Act explicitly states it. And, the government seems to have usurped the role of the Delimitation Commission, which alone is mandated to decide on the number and boundaries of constituencies in states. To provide context, Parliament froze the delimitation exercise in 1976 and 2001, amid fears among southern states that the polity would become lopsided in favour of the northern states. Clearly, the government bungled in the way it tried to change an Act that favoured women's quota and had been legislated with the support of the Opposition.
The shadow of delimitation now looms large over Census 2027. The opposition to the women's reservation amendment bill shows that the fear of a lopsided polity emerging post delimitation is real. The delimitation could test the federal pact, already under strain, and widen regional fault lines in the absence of a cross-political consensus....
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