Lok Sabha rejects Modi Govt's amendment move: What next for Women’s reservation in Parliament? – Explained

The Constitution Amendment Bill to tweak the Women's Reservation Bill was defeated in the Lok Sabha on 17 April as the Union government failed to get a two-thirds majority in the House during the special session.

This basically means the Lok Sabha rejected the Narendra Modi government's proposal to expand the Lok Sabha's existing strength from 543 to 850 seats and to allow delimitation of seats based on the 2011 Census.

Earlier in the day, Prime Minister Narendra Modi had appealed to the Opposition leaders to “take a sensitive decision by voting in favour of women’s reservation.”

However, after the Construction bill was defeated, Union minister Kiren Rijiju said the government would not proceed with the other two bills.

There have been rare occasions when the Union government faced hurdles in getting legislation passed through in the Parliament. One such instance was the Prevention of Terrorism Act, brought by the Atal Bihari Vajpayee-led NDA government in 2002. The Bill was defeated in the Rajya Sabha, but the government eventually got it passed through a joint session.

Similarly, the 64th Constitution Amendment, giving constitutional status to Panchayati Raj institutions, was defeated in the Rajya Sabha. The Amendment was brought by the Rajiv Gandhi-led Congress government. It was later passed as the 73rd Amendment of 1992 under the PV Narasimha Rao-led Congress government.

Through the three bills, the Union Government wanted to tweak the Women's Reservation Act, which mandates 33 per cent reservation for women and was passed in 2023.

Although the President had granted assent to the women's reservation law way back in 2023 itself, it had not come into operation, as Section 1(2) deferred its taking effect by stating, "It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint."

The Centre, however, brought the 202 Bill into force on 16 April, even as Parliament was debating fresh constitutional amendments relating to delimitation and the implementation of women's reservation.

As per the 2023 Act, women's reservation will take effect only after the delimitation, which is carried out after the next Census. This meant that women's reservation would be implemented only after the delimitation exercise based on the next Census.

However, on 16 April, the Centre moved the Constitution (131st) Amendment Bill to increase the Lok Sabha's seats to 850. The Bill further proposed to modify the existing condition linking women's reservation to delimitation carried out after the next Census, so as to enable its implementation immediately after the delimitation exercise.

With the defeat of the Constitutional Amendment in the Lok Sabha on Friday, the Women's Reservation Act of 2023, which mandates 33% reservation for women, is in effect.

The Act is in force in its existing form, which means it still requires Census and delimitation to happen first to implement the 33 per cent reservation.

Remember the Opposition had supported the 2023 Bill but opposed the fresh amendments to delink delimitation from reservation, which is what the Opposition also demanded.

"We are in favour of women's reservation. If the government implements the Women's Reservation Bill passed in 2023, the entire Opposition will support it without exception," Leader of the Opposition in Lok Sabha, Rahul Gandhi said.

Union Home Minister Amit Shah on Friday slammed the opposition for objecting to the government's attempts in the Lok Sabha.

“Today, a very strange scene unfolded in the Lok Sabha. The Congress, TMC, DMK, and Samajwadi Party did not allow the passage of the essential Constitution Amendment Bill for the Nari Shakti Vandan Adhiniyam. Rejecting the bill that would grant 33% reservation to women, celebrating it, and raising victory cries over it is truly reprehensible and beyond imagination,” he said in a post on X.

Now, the women of the country will not get the 33% reservation in the Lok Sabha and state assemblies, which was their right, Shah said adding that the Congress and its allies have done this not for the first time, but repeatedly.

“Their mindset is neither in the interest of women nor of the country. I want to tell them that this insult to Nari Shakti will not stop here; it will travel far and wide. The opposition will have to face the 'wrath of women' not only in the 2029 Lok Sabha elections, but at every level, in every election, and at every place,” he said.