De-Apotheosizing The Women's Reservation Bill Through The Lens Of Delimitation

The 'Nari Shakti Vandan Adhiniyam' reserves one-third of all seats in Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women. Seats reserved for SCs and STs in the Lok Sabha and state legislatures are also included. The bill, however, isn't coming into effect anytime soon as it depends on various other factors, which would lead to its characterisation and could be delayed to possibly 2029.

The reservation will only be effective when the Census is conducted, and delimitation occurs. Delimitation is fixing limits or boundaries of territorial constituencies in a country, according to the Election Commission of India (ECI). In simple words, delimitation redraws the boundaries of Parliamentary and Assembly constituencies, increasing the number of constituencies according to the latest population. The Delimitation Commission's responsibility is to ascertain the demarcation of constituencies so that the population within each seat or constituency is equal – to achieve a balance and provide equal representation. The Commission has additionally been tasked with carrying out the same duties for the Scheduled Castes (SCs) and Scheduled Tribes (STs). It is constituted by the Centre and is headed by a retired Supreme Court judge. The orders of this formidable council are legally binding and cannot be challenged in a court of law. Even Parliament cannot propose alterations to an order issued by the Commission, including the Chief Election Commissioner and the two Election Commissioners. If the exercise is particular to a state, the state's election commissioner is also a panel member. It is a complicated process, which would make it a long-drawn one.

The Indira Gandhi administration introduced a Bill in 1976 that put off the redrawing of seat boundaries and seat allocation until 2001, claiming that this would give states more time to undertake family planning measures. The Atal Bihari Vajpayee-led government decided to extend the current freeze on undertaking fresh delimitation up to the year 2026 as a motivating measure to enable the State Government to pursue the agenda for population stabilisation. This amendment to the 2001 law stated that the government was "keeping in view the progress of family planning" in various states. This has created a situation where the number of seats in the assemblies has yet to be revised to a new situation that has come into existence with the rising boom in the country's population. The number of Lok Sabha constituencies was last revised in 1972, based on the 1971 Census. Since then, the number of Lok Sabha constituencies has remained constant—543. This also further means that delimitation cannot occur before 2026 or would be ultra vires. The inherent issue with the delimitation process has taken its shape from its historical roots.

If the Act wants to be implemented as soon as possible, it would contradict other constitutional provisions, such as Article 82 and Article 170 (3), which state that the subsequent delimitation will be taken up only after the Census. However, the next Census is due to take place in 2031, and for it to occur earlier, the government should have amended the provisions that they still need to.

The delimitation processes in 1952, 1963, 1973, and 2002 have not considered the exact number of women in a constituency. The 2002 delimitation exercise took five years to complete. It also did not include Assam, Arunachal Pradesh, Nagaland and Manipur. As for Arunachal Pradesh and Nagaland, the central government informed the Supreme Court earlier that it is "considering" setting up a delimitation commission for the two states. In contrast, delimitation in Manipur would be delayed "due to the present situation." The number of seats in the Assemblies and Parliament decided as per the 1971 Census was also unchanged. These reasons add to the existing ones and raise doubts about the upcoming delimitation and its efficacy on the matter at hand.

Southern states have expressed their opinion on the delimitation exercise as most North Indian states have a significantly higher population than South Indian states. As a result, there is concern that the number of seats allocated to the latter states would be lowered during the delimitation process. MK Stalin, Tamil Nadu's Chief Minister, has requested that the Centre guarantee the people of Tamil Nadu and the rest of Southern India that the delimitation process will not damage states that have managed to regulate their populations. The states that have effectively stabilised population growth should not be de-incentivised for their efforts to achieve the desired goals. Some states in North India are anticipated to have more representatives in the Lok Sabha if the delimitation process is solely based on population. In contrast, some states in the South may lose some representatives.

The effective implementation process will also have to ensure that the reservation of seats should not primarily favour educated and urban women but also provide an opportunity to underprivileged women from rural backgrounds who belong to marginalized castes.

However, delimitation must be carried out systematically and swiftly as the Women's Reservation Bill must be unrestricted to being only horizontal since SC/ST reservations exist in the Lok Sabha. Due to this, an overlap would be created as women's reservation would touch upon the reservation granted to SCs and STs. If this is done, the reservation following the delimitation will ensure that the issue of 'overlap' is adequately addressed without causing any legal disputes that could derail women's reservations entirely. Furthermore, it will ensure that women receive a more significant number of seats and are effectively represented in census-deficient constituencies.

In conclusion, while the Women's Reservation Bill 2023 is a crucial step for gender inclusivity in governance, its impact hinges on the effective implementation of the process. The bill's noble intentions can only be realised if the challenges are addressed with systematic and swift delimitation. Ensuring the Women's Reservation Bill aligns seamlessly with existing SC/ST reservations and avoiding potential overlap is vital for its success. In essence, the effectiveness of the Women's Reservation Bill is contingent on a comprehensive and well-executed strategy, acknowledging the intricacies beyond its initial legislative approval. Although in a utopian world, it may be implemented swiftly, in ours, it is not as simple a task as it seems.

Views are personal.