“It is a Constitutional amendment”: Former Election Commissioner on Women’s Reservation

Sep 19, 2023

Bhopal (Madhya Pradesh) [India], September 19 : Amid ongoing discussion over the Women Reservation Bill that grants 33 per cent reservation for women in both the Lok Sabha (the Lower House of India's Parliament) and state assemblies, the former Election Commissioner OP Rawat said that the poll body is obliged to make the election happen under the present laws in all the due states until the law does not become an Act.
Speaking to ANI, he explained the process of a law becoming an act.
“Reservation is a Constitutional amendment. The Bill has to be passed by both Houses of the Parliament after which, it will have to garner more than half of the votes in the Vidhan Sabha, and then it will need the approval of the President for it to become an Act,” he said.
However, unless and until it does not become an Act, the Election Commission is obliged to make the election happen under the present laws in all the due states, Rawat added.
He also said that there is a possibility for the Act to be implemented by December this year.
“I think if all the planning has been done before and all the parties have come to one decision, then it can happen...If State Assemblies call a Special Session of 2-3 days to pass this Bill, then it can happen sooner. It is possible that it can be implemented by December... No one has the right to postpone the elections. The Election Commission is obliged under the Constitution and Representation of the People Act to conduct elections within six months before the tenure is over...Bill is possible as all the parties are supporting it,” said OP Rawat.
The Union Cabinet on Monday approved the Women Reservation Bill.
On Tuesday, Union Law Minister Arjun Ram Meghwal introduced the bill in the first sitting of Lok Sabha in the new Parliament building. The bill has been named Nari Shakti Vandan Adhiniyam.
Introducing the bill in the house the minister said "This bill is in relation to women empowerment. By amending Article 239AA of the Constitution, 33 per cent of seats will be reserved for women in the National Capital Territory (NCT) of Delhi. Article 330A reservations of seats for SC/ST in the House of People."
Arjun Meghwal also said that once the Nari Shakti Vandan Adhiniyam is passed, the number of seats for women in Lok Sabha will increase to 181.
Discussion for passing of the Bill in the House will be taken up on Wednesday, September 20. The Bill will be taken up in Rajya Sabha on September 21 government sources said.