Critical Analysis of Constitutional Reservation Policy in Strengthening the Political Participation of Women

  • Nikita Chaudhary and Devesh Bhargava
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  • Nikita Chaudhary

    Assistant Professor at Renaissance Law College, Indore, India

  • Devesh Bhargava

    Assistant Professor at Renaissance Law College, Indore, India

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Abstract

At present, India is one of the largest democracies of the world where the elected MPs, MLAs and members of the Panchayati Raj Institutions represent different religions, castes, and ethnicities at the three levels of the government. However, the representation of women in politics is dismal, as in the 18th Lok Sabha, only 74 women were elected, accounting for 13.6% of the total 543 seats, which is a slight decline from the 17th Lok Sabha. Although women’s representation in the Lok Sabha has risen over the decades, the overall proportion remains lower than the global average, where 26.9% of national parliament members are women. Hence, this research paper delves into the significant role of the Constitutional Reservation Policy in strengthening the political participation of women in India. The study specifically focuses on the impact of the 33% reservation introduced through the 73rd and 74th Amendment Acts in the Panchayati Raj institutions, as well as the more recent 103rd Amendment Act that proposes a similar 33% reservation for women in the Lok Sabha and state legislative assemblies. These legislative measures are designed to address gender disparity in political representation, but their true impact on women’s political empowerment remains an area of ongoing debate. A key objective of this paper is to explore whether the reservation policies lead to the genuine political empowerment of women or if they inadvertently become tools for men to further their political ambitions through women, as seen in practices like the "Sarpanch Pati" phenomenon. In such cases, male relatives or husbands of elected women often assume control of the political office, undermining the intended effect of women's political empowerment. The paper aims to scrutinise the extent to which these reservations provide women with actual authority and autonomy in political decision-making and governance. Moreover, this paper evaluates the broader societal impacts of increasing female representation in local and national political institutions. Through a thorough analysis of existing literature, including academic research, newspaper articles, and interviews with political figures and scholars, the study assesses both the challenges and successes of these reservations. A critical component of the analysis involves understanding how these policies have transformed the role of women in politics and whether they have led to tangible improvements in gender equality, policy outcomes, and governance effectiveness. The research adopts an analytical methodology, focusing on secondary data sources such as empirical studies, policy reviews, and qualitative assessments to evaluate the real-world outcomes of reservation policies. It not only investigates the ground realities but also seeks to provide actionable solutions to address the current limitations of the reservation system. The paper offers recommendations on how to ensure that these policies are truly effective in empowering women politically and socially while preventing male dominance through proxy practices. In conclusion, this research highlights the need for continued reforms and monitoring mechanisms to ensure that reservations translate into meaningful political empowerment for women. By critically examining both the strengths and weaknesses of the existing policies, the paper aims to contribute to the ongoing discourse on gender equality in political participation in India.

Keywords

  • Constitutional Reservation Policy
  • Political Participation of Women
  • Sarpanch Pati
  • Political Empowerment
  • Gender Equality in Politics

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 8, Issue 2, Page 5169 - 5188

DOI: https://doij.org/10.10000/IJLMH.119523

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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