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Quota queries: Everything you wanted to know about the bill

What does the bill propose to do?

It seeks to reserve for women a third, or 33 per cent, of the seats in the Lok Sabha and all state Assemblies.

Doesn’t it apply to the Rajya Sabha?

No — and nor to the legislative councils (in states with bicameral legislatures), whose members are elected indirectly like the Rajya Sabha’s.

If the bill is passed, how many Lok Sabha seats will be reserved for women?

A total of 182, since the Lok Sabha has 545 seats.

How many women members does the Lok Sabha now have?

Just 59.

But can’t women contest the non-reserved seats too?

They can, which means that in principle, all 545 Lok Sabha members can be women (like now) though not all 545 can be men (unlike now).

Is there a sub-quota within the women’s quota?

Yes, of the 182 reserved seats, 42 — that is, roughly 22 per cent — will be reserved for Scheduled Caste and Scheduled Tribe women. This is in keeping with the current policy of reserving 22 per cent Lok Sabha seats for SCs and STs.

The Assemblies too will have a sub-quota for SC/ST women within the women’s quota.

Will the sub-quota seats for SC/ST women come into being over and above the current 22 per cent SC/ST quota that is open to both genders?

Yes. This means, of course, that nearly 30 per cent of Lok Sabha and Assembly seats will now practically be reserved for the SC/STs.

So what will be the total quota volume after the women’s bill is passed?

Fifty five per cent — 33 per cent for women plus the existing 22 per cent for SC/STs.

How will the reserved seats be selected for the Lok Sabha and the Assemblies?

By rotation.

But what if a state or Union territory has less than three Lok Sabha seats?

If it has just one seat, it will be reserved for women in the first general election after the bill’s passage, and then once every three elections.

If a state has two seats, each will be reserved for women once in a cycle of three elections.

What about the two Lok Sabha seats reserved for Anglo-Indians?

Each will be reserved for women once in every three elections.

Who will select the seats to be reserved for women at each election?

An authority prescribed by Parliament. There is no provision for one in the bill as it stands.

Can we expect to see high-profile women politicians like Sonia Gandhi or Mamata Banerjee contest a reserved seat?

They will almost certainly not do so because that could dim their aura. So when the turn of Rae Bareli or Calcutta South comes to become a reserved seat, Sonia and Mamata will probably contest from elsewhere.

Why was the need for a women’s quota felt?

Because the proportion of women in the legislatures did not reflect the gender equality enshrined in the Constitution. Women’s strength in the Lok Sabha has hovered between 11 per cent and 3.5 per cent.

The level of women’s participation in the political process is viewed as a reliable barometer of a democracy’s well-being.

Have other countries in the region done any better?

Yes — Nepal with 33 per cent, Pakistan with 22.5 per cent and Bangladesh with 12 per cent.

What are the perceived advantages of such a quota?

A study has shown that women elected to panchayats under the quota tend to invest more in public utility services linked to women’s concerns. A 2008 study commissioned by the panchayati raj ministry showed that over the years, many women representatives had gained in self-esteem and developed the confidence to make decisions.

What are the disadvantages, according to the quota critics?

A narrowing of the women’s outlook and perpetuation of their unequal status — apparently because they would not be seen as competing on merit.

Besides, according to the critics, there would be no real empowerment of women because of the bill’s failure to address larger issues of electoral reform, such as measures to check money and muscle power in politics and promote internal democracy in political parties.

Why are Lalu Prasad and Mulayam Singh Yadav upset?

They say the quota will only facilitate the entry of “elite”, English-speaking women who are more articulate and self-confident than backward-caste and minority women in general. The Yadav chieftains want “the playing field levelled” through sub-quotas for the Other Backward Classes (OBCs) and minorities within the women’s quota.

Why can’t the government allow these sub-quotas?

An OBC quota within the women’s quota would be unconstitutional; nor is there any constitutional provision for faith-based reservation.

How credible is the fear that some male politicians may simply field their wives or girlfriends and remote-control them? Is there any clause in the bill to prevent this?

The fear of “proxy” representatives — or relatives of former male candidates — is real, as underlined by the all-powerful panchapatis or mukhia patis (husbands of women sarpanches) in the rural bodies.

But bill supporters argue that this can at worst be seen as a teething problem and should not be a deterrent. The bill has no provision to prevent such remote control by men.

Does such a quota exist anywhere else in the world?

Yes, in Argentina, Pakistan, Uganda, Bangladesh, Eritrea and Tanzania.

If the Rajya Sabha passes the bill, what next? When will the law kick in?

If the Rajya Sabha passes the bill, it goes to the Lok Sabha. There is no deadline; it can take a day or a year or even longer to travel from one House to the other depending on what the government decides.

Lalu Prasad, Mulayam and Sharad Yadav are all members of the Lok Sabha, so the Opposition will be more strident there. Unsure of Lalu Prasad’s and Mulayam’s response following their threat to withdraw support on Monday, the UPA government may not want to risk taking the bill up in the Lok Sabha before the passage of the finance bill. If the Lok Sabha passes the bill, a notification will be issued and the act will come into force immediately.

Will this happen on time for the May 2011 Bengal elections?

The central notification will impose the quota only on the Lok Sabha. The Assemblies must pass the bill separately for the quota to apply to them. Not all the state legislatures have to do it — as soon as half of them (that is, 15 Assemblies in the country) pass the bill, all Assemblies will come under its ambit.

Bihar chief minister Nitish Kumar has already said he wants to get the bill passed in Patna before the October 2010 state elections.

Once the quota comes into being, does it stay for ever?

The act will be in force initially for 15 years. It can be extended by fresh enactment in Parliament.

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