Women's Reservation - Legally a long way off

By Jayalakshmi Sengupta, New Delhi, Mar 10 : The first hurdle cleared, the hundred and eighth amendment to the Constitution, popularly known as the Women's Reservation Bill, assuring 33pc reservation to women in Parliament and state legislatures, is still a long way off.

Though there is reason to rejoice the historic moment the controversial Bill finally passed the corridors of the Upper House on Tuesday, to see it come to play in making the polity more inclusive, will take a while, as it continues to be in the eye of the storm.

RJD supremo Lalu Prasad and SP chief Mulayam Singh Yadav on Wednesday said they would be calling for a no-confidence motion in Lok Sabha since they did not have the numbers for it - which signals a prolonged battle.
Lalu said that "We have sought a meeting with President Pratibha Patil."

Incidentally at no point does the President have a role in the formal amendment process. Though she is free to give her opinion she cannot influence, veto or ratify an amendment proposal, nor ratification.

After having passed with two-thirds majority in the Lok Sabha, it must go to the states. The amendment must be ratified, or approved, by three-fourths of states before it can be enacted as a law.

This is the route taken by all current amendments - and the time limit set by the Congress for long standing amendments is usually seven years.

However another way the Constitution's meaning can be changed something that has never been used before is the "Popular Amendment". The conceptual framework of the Constitution provides for this method.

Since a constitution derives its power derives from people; it is adopted by the people and it functions are carried out at their behest for them, it is possible for the people to bring about a national consensus.

"There is no process specified as to how to arrive at such a national referendum, a Constitutional amendment has ever taken this route," say legal practitioners.

A major step forward in empowering women in a country, the Bill has been linked with caste, regional and patriarchal interests. Political parties with vested interests, trying to appease their respective vote banks, have demanded quota- within-quota to favour the minorities - OBC, Dalits and Muslims.