AFFIRMATIVE ACTION AND THE WOMEN’S RESERVATION ACT, 2023

AUTHOR – SANJEEVANI SINGH, STUDENT AT LL.M. (CONSTITUTIONAL LAW), AMITY INSTITUTE OF ADVANCED LEGAL STUDIES (AIALS), AMITY UNIVERSITY, NOIDA, UTTAR PRADESH

BEST CITATION – SANJEEVANI SINGH, AFFIRMATIVE ACTION AND THE WOMEN’S RESERVATION ACT, 2023, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (6) OF 2025, PG. 491-503, APIS – 3920 – 0001 & ISSN – 2583-2344

Abstract

Women’s participation in politics, leadership, positions, national parliaments and local government, judiciary and police force is very essential for achieving Sustainable Development Goals (SDGs) by 2030. Convention on the Elimination of All Forms of Discrimination against Women, 1979 mandates the eradication of gender-based discrimination in political and public spheres, with India being a signatory. The representation of women in India’s State Assemblies and Parliament has remained a critical subject of discussion in the context of gender equity and democratic participation. Despite the Constitutional Principles and legislative frameworks promoting equality, women’s political representation in India continues to lag significantly behind global and regional averages and due to this reason only the Indian Parliament has come up with The Women’s Reservation Act, 2023 This research work examines the historical trends, structural barriers, and socio-political dynamics influencing women’s participation in legislative bodies across the country by focusing upon the analysis of the Women’s Reservation Act- its provisions, challenges and status; evaluation of gender quotas in Panchayati Raj Institutions; lessons from international examples of affirmative action and Constitutional Amendments regarding the women’s representation in Legislative Bodies.

The role of policy measures, including the proposed Women’s Reservation Act, is critically evaluated to understand their potential impact on improving gender parity in governance. This work also opines that enhancing women’s representation is not only a matter of justice but also a means to foster diverse perspectives in policymaking and drive inclusive socio-economic development.

Keywords– Equality, Discrimination, Representation, Constitutional Principles