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 nominations for all phases of the General Election have been submitted. We examine highlights from data on candidates who are participating in the ongoing elections. There are 8,039 candidates contesting for 542 Parliamentary constituency seats.
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On average, 14.8 candidates are contesting per constituency across the country. Among all the states, Telangana has the highest average number of candidates contesting. This is primarily due to 185 contestants from Nizamabad. Excluding Nizamabad, the state’s average number of contestants would be 16.1. |
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The Election Commission of India recognises parties as either national or state parties based on their performance in previous elections. Delhi and Haryana have a high number of candidates contesting from parties that have not been recognised as either national or state parties. After Telangana, Tamil Nadu has the highest average of independent candidates contesting in this election. On average, of the candidates in each constituency in Tamil Nadu, two-thirds are contesting as independent candidates. |
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After Nizamabad, the second highest number of candidate representation is seen in Belgaum, Karnataka. The five constituencies that have the highest candidate representation are from the southern states of Telangana, Karnataka, and Tamil Nadu. |
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The Bharatiya Janata Party and Congress are contesting 435 and 420 seats respectively. In 373 seats they are in competition with each other. BSP has the third highest number of candidates contesting in this election. |
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The seven national parties together fielded 2.69 candidates per constituency. Among the largest five states, West Bengal has the highest representation of candidates from national parties, at 4.6. In that state, candidates from five national parties are contesting. Recognised state parties, together, fielded 1.53 candidates per constituency. Bihar (6 state parties) and Tamil Nadu (8 state parties) see a high representation of candidates from state parties, at 1.2 and 1.3 respectively. Largest states are ones with more than 30 Parliamentary constituency seats: Uttar Pradesh (80), Maharashtra (48), West Bengal (42), Bihar (40), and Tamil Nadu (39). These states together have 249 seats i.e., 46% of Lok Sabha. |
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For these five states, the number of seats being contested by national and state parties is shown in the figures below. |
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This analysis is based on the candidate list available on the Election Commission website (eci.gov.in) on May 8, 2019.
