The Women’s Reservation Bill was passed in the Lok Sabha on Friday (April 17) at 7:45 pm. 326 votes were needed to pass this bill, but only 298 votes were cast in favor, while 230 votes were cast against it. With this the purpose of the special session of the House remained unfulfilled. Now the question is, what ways are left for the government to pass this bill? Know in the explainer…

Question 1: Can the government pass this bill through joint session?

answer: No, not at all. Under Article 108 of the Constitution, joint session is held only for ordinary bills, when there is disagreement between the two houses. But there is no provision for a joint session for the Constitution Amendment Bill (131st Amendment Bill). Article 368 clearly says that separate special majority in both the Houses is necessary to amend the Constitution. No joint session can pass this bill. If majority is not obtained in the Lok Sabha, then the path to a joint session is closed. This is the biggest hurdle for the government.

Question 2: What will be the impact on women’s reservation if the bill is not passed?

answer: Yes, this is the biggest impact. The Women’s Reservation Act (106th Amendment, Nari Shakti Vandan Act) passed in 2023 has already been implemented, but its implementation hinges on delimitation. The original law said that women’s reservation would be implemented only after delimitation after the first census. The 131st Amendment Bill was brought to change this, so that delimitation is done on the basis of 2011 census and 33% women reservation starts from the 2029 Lok Sabha elections.

Now, if this bill is not passed, the Basic Law of 2023 will remain as it is. Meaning, women’s reservation will now be implemented only after the next census and after that the delimitation is completed. Experts say that this may be implemented in the elections of 2034 or later. There is no automatic five-year delay, but there will be a delay due to the original law.

Question 3: What are the further options for the government and how can the bill be passed?

answer: The government has several practical options, but all will take time and political consensus:

1. Re-introduction of the bill: Now the government can introduce the bill again in the Lok Sabha in the next session (monsoon session or budget session). Again the entire process i.e. introduction, discussion and voting will be done.
2. Revise and bring back: If some of the opposition’s demands like maintaining the proportion of southern states are accepted, then the bill can be amended and re-introduced.
3. Gathering majority in Rajya Sabha also: After passing the Lok Sabha, a special majority is required in the Rajya Sabha also. If it gets stuck in the Rajya Sabha, then the way for discussion or amendment is open again.
4. Talk to the opposition: The government has already said that all parties want women’s reservation. If consensus is reached then it will be easy to pass, but at present the opposition (especially the southern parties) is worried about the delimitation.
5. Any minor modifications: Some experts suggest that without increasing the delimitation, a separate small amendment can be brought to implement only women’s reservation from 2029, but the current plan of the government is to increase the seats.

Question 4: If the bill is not passed, what will happen in the 2029 elections?

answer: Experts say that the 2029 Lok Sabha elections will be held on only 543 seats. There will be no delimitation, hence the number of Lok Sabha seats will not increase. Women reservation will also not be applicable. The concerns of the southern states will be resolved immediately, but women’s reservation will be delayed. The government says that if the bill is passed, both new seats and reservation can start from 2029 itself. If the bill is defeated, both things will be postponed till 2029 elections.

Delimitation-The Women’s Reservation Bill has failed due to it not being passed in the Lok Sabha. There is no way for any joint session and women’s reservation will be implemented in 2034 or later instead of 2029. The government will have to bring the bill again or reach an agreement with the opposition. This is not just a bill of numbers, but a bill of the structure of the country’s Parliament, federal structure and women empowerment.