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:
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 Lok Sabha adjourns today for a three-week recess. The Rajya Sabha is scheduled to adjourned on March 18. Here’s a brief look at the activity of Parliament this session (data till March 15): Productive Hours: The session has witnessed more than its fair share of disruptions. In the 14 sitting days, over 22 hours has been lost to interruptions in the Lok Sabha and over 26 hours in the Rajya Sabha. The number of productive hours so far is 53 and 50 hours in the Lok Sabha and Rajya Sabha respectively. [Click here to compare with previous sessions.] The session began with protests by the Opposition, putting pressure on the Government to schedule a debate on price rise. After the presentation of the Budget, the protests revolved around the petroleum price hike. The disruptions in the Rajya Sabha were on account of the Women’s Reservation Bill, which resulted in the suspension of seven MPs. On March 9 the Rajya Sabha was adjourned five times, before the passage of the Bill. Legislative business: This session, the government had listed 63 Bills for introduction, 16 pending Bills for consideration and passing and 10 pending Bills for consideration and passing if their Standing Committee reports are submitted. Other than financial business transacted, which includes passage of Demand for Grants and Appropriation Bills, the only legislation that has been passed so far is the Women’s Reservation Bill in the Rajya Sabha. The Lok Sabha also has passed one Bill that replaces an Ordinance - the Ancient Monuments and Archaeological Sites and Remains Bill. In the 14 sitting days, the House has spent 6 hours on legislative business. Question Hour: Another important aspect of parliamentary business is the Question Hour. Interestingly, the Lok Sabha rules were amended before the start of this session to ensure that the absence of MPs does not result in the collapse of Question Hour. However, the amount of time spent on questions in both Houses this session has remained under 5 hours.
