There have been articles in the media on the future passage of the Women's Reservation Bill stating that the Bill will have to be ratified by state legislatures before it is signed into law by the President.  Our analysis indicates that ratification by state legislatures is not required.  We state the reasons below: This Bill amends the Constitution.  It (a) amends Article 239AA,  Article 331, and Article 333, and  (b) inserts Article 330A, Article 332A, and Article 334A.  In doing so the Bill:

  • Seeks to reserve one-third of all seats for women in the Lok Sabha and the state legislative assemblies;
  • One third of the total number of seats reserved for Scheduled Castes and Scheduled Tribes shall be reserved for women of those groups in the Lok Sabha and the legislative assemblies;
  • Reserved seats may be allotted by rotation to different constituencies.

Article 368 regulates the procedure for amending the Constitution.  It states that the ratification of the state legislatures to a constitutional amendment is required in the following cases: a. If there is a change in the provisions regarding elections to the post of the President of India. b. If there is a change in the extent of the executive power of the centre or the state governments. c. If there is any change in the provisions regarding the Union judiciary or the High Courts. d. If the distribution of legislative powers between the centre and the states is affected. e. If any of the Lists in the Seventh Schedule is affected. f. If the representation of the states in the Rajya Sabha is changed. g. Lastly, if Article 368 itself is amended. None of these provisions are attracted in the case of the Women's Reservation Bill.  The Parliament recently extended the reservation of seats for SCs, STs and Anglo-Indians in Lok Sabha and Legislative Assemblies by another ten years.  Article 334 was amended to state that such reservation "will cease to have effect on the expiration of a period of seventy years from the commencement of the Constitution."  The 109th Amendment Bill was passed by both Houses of Parliament and did not require the ratification of the states before being signed into law by the President.  It follows that if Bills amending provisions for reserving seats for SCs and STs don't need ratification by state legislatures, a bill reserving seats for women does not need ratification either. Thus Article 368 very clearly lays down situations in which state legislatures have to ratify a piece of legislation before it can receive the assent of the President.

The term of the 12th Haryana Legislative Assembly ends in October this year.  We look at the work done by the 12th Haryana Assembly during its term from 2009 to 2014 to assess its performance on metrics such as the number of sittings, members’ attendance, and legislative business. Performance of the Assembly Since the beginning of its tenure, which commenced in October 2009, the Assembly has held ten sessions. Till March 2014, the Assembly had met for a total of 54 days – an average of 11 days per year.  In comparison, the Lok Sabha sat for an average of 69 days each year from 2009 to 2014.  Among state assemblies, only Nagaland and Arunachal Pradesh sat for fewer days than Haryana. In the same period the Kerala Assembly sat for an average of 50 days per year , while Tamil Nadu Assembly sat for 44 days. sitting days haryana The average attendance among Haryana MLAs stood at 89% for the whole term, with six members registering 100% attendance.  

 Attendance haryana

  From the beginning of its term in 2009 till March 2014, the Assembly passed 129 Bills.  All Bills were discussed and passed on the same day as they were introduced. None of the Bills were referred to any Committee. Participation in the general discussion on the Budget has recovered since 2012, when the Budget was discussed for around three hours with eight Members participating.. In 2013, discussion took place for eight hours and forty minutes with 31 members participating. In 2014, the Assembly discussed the Budget for four hours and fifty minutes with 21 Members participating.

 Budget discussion

Key laws passed by the 12th Assembly include the Haryana State Commission for Women Bill, the Haryana Prohibition of Ragging in Educational Institution Bill and the Punjab Agricultural Produces Markets (Haryana Amendment) Bill.