Indian constitutional script in defining women’s presence in Parliament: A myth or a reality? - The Daily Guardian
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Indian constitutional script in defining women’s presence in Parliament: A myth or a reality?

Women and men have almost equal population in India, but the former have a marginal presence in the Lok Sabha. When there is gender parity in Parliament, better policies can be formulated, which would ideally result in better governance. One major way to facilitate the increase in representation is through the recognition of the women already present and encouraging more women to get into politics.

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Lapsing onto the tables since 1996, patriarchy wrenched the pages of women’s reservation; thence, the ensconced ‘political equality’ remains unlearnt.

Amidst the debate of gender inequality or equality, the notion of women’s rights, the feminists’ theories actualize; considering, if the male to female ratio can ensure equality if the Constitution of India under Article 14 envisages gender equality and equity in the country, so why the electoral representation of women in the parliament in still under scrutiny. With the changing dynamics in the country, women are given more rights as compared to the older times, but the rights concerning the reservation in parliament in still pending to be marked in the checklist i.e. the enactment of the Women Reservation Bill or the Constitution (108th Amendment Bill) 2008 by the Parliament of India. The script of the Constitution in defining equality has not been truly implemented in terms of “political equality” why, because, women are still considered weak and unqualified and are still expected to settle down and look after the kids. The women namely, Mrs. Pratibha Patil, Mrs. Sushma Swaraj, Ms. Jayalalitha, Mrs. Nirmala Sitharaman in Indian politics had pasted a huge impact on the minds of Indian Citizens and have proved to be worthy in governing the nations constituency has been negated by the houses of the parliament because, when we go on to talk about Women in Indian Politics, we hear very few names of female politicians because women are not ascertained with neither the equal representation nor with the equity representation in the parliament; Should we consider “patriarchy” or “ruling by men” is a tendency in the country?. As women are taught to be under the tree of the men who take major decisions in almost every sphere of life and society and are encouraged to voice their opinions. The female representation in Indian politics has come quite far over the years but has a very long way to go. One major way to facilitate the increase in representation is through the recognition of the women already present and encouraging more women to get into politics and give them the right opportunity to hold positions of power and have a strong say in the decision-making process.

Fig. 1: Representation of Women in Rajya Sabha.

WOMEN’S REPRESENTATION IN INDIAN PARLIAMENT

The real decision-making process involves a maximum number of male parliamentarians even though the country experiences a minimal increase in every election in the representation of women candidates in politics. Although the majority of the political parties blossoms the papers by including women in the parliament by icing it with the term called “reservation to women”, but the actuality is hidden in regards to equal electoral representation to women in India. The dearth of women’s representation in the parliament has succinctly depleted the value of the nation’s glory which was also highlighted by India’s first woman President, Pratibha Patil, as she said, “There is simply no way our nation can progress if its women population is left behind.” But, this dearth is escaped through a fallacy called “lack of winning capacity of women”. The persuasion of this fallacy was been bereft in the 2019 general elections when 78 women politicians made their way into the Lok Sabha out of the 700 women participating candidates nearly counting to 14% of the total strength. Moreover, 25 women secured a seat in Rajya Sabha out of the total strength of 245, making up to 10% of the total. Although the representation of women kept on decreasing in Rajya Sabha and was noted to be highest in 2014 i.e. 12.7% (See, the table below).

Fig. 2: Representation of Women in 17th Lok Sabha, https://www.prsindia.org/parliamenttrack/vital-stats/profile-newly-elected-17th-lok-sabha

Effectuating the data stated, the inference of the bogus claims of the political parties have been still sustained, as, there are minimal numbers of female candidates in the parliament and the “winning capacity” is vaulted by the patriarchal domination despite the guaranteeing of equality rights by the Constitution of India.

ELECTORAL RIGHTS TO WOMEN IN INDIA

India’s acclaim of perpetrating the equal representation to women in the parliament is under a steel sky; the boundaries of the patriarchy are gripped. Albeit the 73rd amendment to our constitution provided for 33% of reservation to women and allocated the 46% share in the panchayats. But, the amendment is not ascertaining equality to women or women empowerment, rather a ‘jugaad’ of proxies for male members in their families.

The population of women and man are equal in India i.e. close to 50%, despite which the electoral representation of women is near to “diminishing” as the seat allocated to the states is based on the population in The Lok Sabha, howbeit, the representation of women is not even close to the percentage of the female population of the country. When there is complete representation in the Parliament, better policies can be formulated, which would ideally result in better governance. A study by The United Nations University World Institute for Development Economics Research’s suggested that the inclusion of women in the government resulted in the better economic growth of the nation. For a better representation of the women in the parliament, they need to get up and come to the forefront to contest elections and come to a position of power to bring about a change. But such an act would require awareness in the society regarding the importance of female representation and its effects on the overall efficiency in the governance in the country.

VERITY IN REPRESENTATION OF WOMEN IN PARLIAMENT OF INDIA

India experienced less number of women representation i.e. 10.9% in the parliament in the year 2012, accordingly to mitigate the minimal participation of women, the country empowered reservation quotas in 1994. The 73rd and 74th Constitutional Amendment Bill provided for reservation of 33% of seats in local governments, panchayats, and municipalities for women. Following this, in 1996 the Gowda’s government (United Front government) proposed the 81st Constitutional Amendment Bill which provided for one-third or 33% reservation of seats to women in the Lok Sabha and State Assemblies. However, the bill got lapsed and was tabled several times. Recently, in 2008 the 108th Constitutional Amendment Bill or Women Reservation Bill which also provided for 33% reservation to women in Lok Sabha and State Assemblies was tabled and is yet to become a law. The debate of women’s reservation is running since 1996 from the 81st Constitutional Amendment Bill till The Women’s Reservation Bill (108th amendment) in 2008 and yet it remained a ‘bill’ ready to form an ‘act’. The proposed bill has no reasons for its delay, but the hurdle of the social agenda of “democratization” in the country provides a controversy to the women’s reservation bill.

However, the bounds by the concepts of “democratization” was overturned in the 2019 Lok Sabha elections, when the “winning capacity of women” flourished as the winning ratio of women counted to 14% and whereas participating candidates were only 8%. Thence, the inference of winning capacity landed in the favor of women. Thus, the 2019 Lok Sabha Elections is justifiable in descrying reservations to the women in politics.

CONSTITUTIONAL RECOGNITION OF WOMEN IN INDIAN PARLIAMENT

The Constitution of India has guaranteed various equality/equity rights to women and also empowers a duty on every citizen under Article 51A to abolish the practices of “derogatory to the dignity of women”, further, provides for reservation of not less than one-third of the total number of seats in Panchayats and Municipalities to women under Article 243 D(3) and Article 243 T(3), also provides for a reservation to women which is not less than one-third of the total number of officers of chairperson in the Panchayat and Municipalities at each level.

The reality of women’s equal representation was outspoken in 1996 in form of the 81st Constitutional Amendment Bill which provided for one-third reservation of women in the Lok Sabha and State Assemblies but was sabotaged under the Indian Politics Tornado. Thus, empowering a barrier to the electoral representation of women thereby, allowing the feminist theories in actualizing their effect on the ideas of democracy and political equality in regards to women’s representation and not providing equality in the sphere of political efficacies. The women’s voice against equal representation in India was resulted positive as The High Court of Bombay decided in the favour of the reservation of seats for women in the election of Jalgaon Municipality which was provided under the Bombay Boroughs Act 1925. Still, the identification of women in politics remains depressed despite the provisions of gender equality in the Constitution.

Conclusion

The 33% or the one-third reservations of seats to women was been lapsing since 1996 and yet recently has been tabled in 2008 which also landed into a dearth of dirt. This gives rise to the concept of ‘inequalities on established equalities’ as the constitutional framework guarantees equality but the social inclination of the country sweeps the ‘political equality’ as, the implementation of women representation in Indian politics challenges the hidden “verity of democratization” and the bill of women representation in Indian politics succumbs itself under the myth of “verity of democratization”.

As the lapsing of the women’s reservation bill is actuated to the constitutional amendment which is controversial under the supporting and opposing pillars of democracy.

But, the bleak truth has never been catechized, even though the women representation is diminishing, yet, the interminable roles professed by the women politicians are beyond comparison to men’s political efficacious.

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TELANGANA HIGH COURT: PLACE OF RESIDENCE OF THE ARBITRATOR WOULD NOT BE THE SEAT OF ARBITRATION

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The High Court of Telangana in the case M/s S. Square Infra v. Garneni Chalapathi Rao observed and held that the place of residence of the arbitrator would not determine the seat of arbitration.

The Single bench comprising of Justice P. Sree Sudha observed and held that merely because an arbitrator residing in Hyderabad has been appointed, it does not mean that only the Courts at Hyderabad would have the jurisdiction to decide all the matters arising out of arbitration agreement.

Facts of the Case:

In the present case, after the dispute arouse between the parties, the respondent sent a letter to the petitioner for nomination an arbitrator who is residing in Hyderabad. To its said notice, petitioner replied and declined the appointment of the arbitrator for the reason that there was no dispute which required the appointment of an arbitrator.

A suit was filled by the respondent before the VII Additional District Judge Sangareddy, seeking for relief of permanent injunction. An application was filled by the petitioner under Section 8 of the Arbitration & Conciliation Act and the parties referred to the arbitration.

An application was filled by the respondent under section 9 of the Arbitration & Conciliation Act before the Principal District Judge, Sangareddy, Subsequently, an application was filled by the petitioner for transferring the application from the Court at Sangareddy to Court at Hyderabad.

Contentions made by Parties:

On the following grounds, the petitioner sought the transfer of application.

An arbitrator residing in Hyderabad was nominated to respondent. However, only the courts in Hyderabad would have the jurisdiction to decide all the matters arising out of the arbitration.

It was stated that the nomination of an arbitrator residing in Hyderabad amounted to designating Hyderabad as the Seat of Arbitration.

On the following grounds, the respondent countered the submissions of the petitioner:

An application was filled by the petitioner under Section 8 of the A&C Act before the Court at Sangareddy. However, in terms of Section 42 of the A&C Act, only the court at Sangareddy would have the jurisdiction to decide all the matters arising out of arbitration.

Court Analysis:

The Court held that the seat of arbitration would not be decide by the place of residence of the arbitrator.

The argument of the petitioner was rejected by the court that since the respondent had initially nominated an arbitrator residing in Hyderabad, the Hyderabad Court would have the jurisdiction.

The court stated that merely because a party has nominated an arbitrator who resides in Hyderabad, the same would not designate Hyderabad as the Seat of arbitration in absence of any designation of the seat under the arbitration agreement.

It was further stated by the court that the application filled by the petitioner filled under Section 8 application before the Court at Sangareddy consequent to which the parties were referred to arbitration. Therefore, the Court would have the jurisdiction, in terms of Section 42 of the A&C Act.

The Transfer petition was dismissed by the Court.

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DELHI HIGH COURT REMANDS IN THE MATTER BACK TO ASSESSING OFFICER AFTER SETTING ASIDE: JUST 3 DAYS’ TIME GRANTED TO RESPOND TO THE INCOME TAX NOTICE

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plea in Delhi High Court seeking repatriation of 56 pregnant nurses

The Delhi High Court in the case Shubham Thakral Vs ITO, the Delhi bench comprising of Justice Manmohan and Justice Manmeet Pritam Singh Arora observed and remanded the matter back to the assessing officer as just 3 days’ time was granted to respond to the income tax notice.

In the present case, the petitioner/assessee assailed the notice under Section 148A (b) of the Income Tax Act, 1961 and the order passed under Section 148A (d) for the Assessment Year 2018–19.

It was contended by the assessee that only three days’ time was granted to the assessee to respond, as against the mandatory statutory period of at least seven days. However, despite of the fact that the annexure attached to the notice gave the petitioner eight days to respond, the e-filing submission portal was closed earlier, in violation of Section 148A (b) of the Income Tax Act.

Furthermore, the petitioner relied on the decision of Delhi High Court, in the case of Shri Sai Co-operative Thrift and Credit Society Ltd versus ITO, the Delhi High Court in the case held that under Section 148A (b), a minimum time of seven days has to be granted to the assessee to file its reply to the show cause notice.

No objections were raised by the department/respondent to the matter being returned to the Assessing Officer for a fresh decision in accordance with the law. Accordingly, the court set aside the order passed under Section 148A (d) for the Assessment Year 2018-19. The Assessing officer was directed by the court to pass a fresh reasoned order in accordance with the law after considering the reply of the petitioner, which was directed to be filed within a week.

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ALLAHABAD HIGH COURT: ADVOCATES SHOULDN’T ADVISE CLIENTS TO REAGITATE MATTERS IF THERE IS NO ERROR APPARENT ON FACE OF RECORD

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The Allahabad High Court in the case Malhan and 17 Others Vs. State Of U.P. And Another observed and stated that an advocate should be given such a piece of advice when there is no error apparent on the face of the record nor was there any reason why the matter be re-agitated it was finally decided.

The bench comprising of Justice Dr. Kaushal Jayendra Thaker and Justice Vivek Varma observed while dealing with the civil review application wherein the bench observed the concerned advised his client to make a chance by filling the instant review application after a period of six year.

In the present case, a civil review petition was filled along with the application under section 5 of the Limitation Act, 1963., the application was filled for seeking condonation of delay in filling the application, the application was filled with a delay of six years i.e., 1900 days.

It was stated by the applicant that the review application could not be filled due to the blockage of public transportation on account of the COVID-19 guidelines.

Moreover, the court observed that the appeals were disposed of by the Apex Court in the year 2016 and only in 2020-2021, the pandemic struck India and furthermore, it cannot be said that due to the COVID guidelines the public transportation was blocked and however, the applicant could not come to Allahabad Court to file review.

Further, it was stated that the court asked the counsel for the review applicants to explain the delay in filling the review application, to which the council gave a strange reply that the counsel had advised the clients that they must take a chance by filling this review application after a period of six years.

Following this, the Court observed:

The court noted that an advocate should not give such an advice when there is no error apparent on the face of record nor was there any other reason that when the matter was finally decided, why the matter be re-agitated.

It was stated that the court has no reason to condone the delay of six years as the same was not explained as to why this review application is filed after such an inordinate delay.

The Court opined that the lapse in approaching the court within the time is understandable but a total inaction for long period of delay without any explanation whatsoever and that too in absence of showing any sincere attempt on the part of suiter, this would add to his negligence and the relevant factor going against him.

The court observed that careless and reckless is shown by the review applicant in approaching the court and due to the condemnation of delay in the application with a token cost of Rs.10,000/, the court dismissed the application.

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SUPREME COURT CRITICISES HIGH COURT: POSTING ANTICIPATORY BAIL PLEA AFTER TWO MONTHS CAN’T BE APPRECIATED

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The Supreme Court in the case Sanjay versus The State (NCT of Delhi) & ANR observed and stated that in the case where personal liberty is involved, the court is expected to pass orders at the earliest while taking into account the merits of the matter in one way or other. Further, the top court observed that posting of an application for anticipatory bail after a couple of months cannot be appreciated by the court.

The bench comprising of Justice C. T. Ravikumar and the Justice Sudhanshu Dhulia was hearing a June 2 SLP against the Delhi High Court in a petition filed under section 420, 467, 468, 471, 120-B, 34 of the Indian Penal Code, 1860 for seeking anticipatory bail in a 2022 FIR, a notice is issued. It was stated that the learned APP for the state is present and accepts the notice and seeks time to file status report. The High Court in the impugned order stated that Let the status report be filed by the state prior to the next date with an advance copy to the learned counsel for the petitioner. The matter is to be list on 31.08.2022.

It was noted by the bench comprising of Justice Ravikumar and the Justice Dhulia that in the captioned Special Leave Petition, the grievance of the petitioner is that the application for anticipatory bail moved by the petitioner, being Crl. M.A. No. 11480 of 2022 in Bail Application No. 1751 of 2022 without granting any interim protection, was posted to 31.08.2022. on 24.05.2022, the bail application was moved on.

However, the bench asserted that the bench is of the considered view that in a matter involving personal liberty, the Court is expected to to pass orders at the earliest while taking into account the merits of the matter in one way or other.

It was declared by the bench that at any rate posting an application for anticipatory bail after a couple of months cannot be appreciated by the court.

Further, the bench requested to the High Court to dispose off the application for anticipatory bail on its own merits and in accordance with law expeditiously, preferably within a period of three weeks after reopening of the Court. Adding to it, the bench stated that if the main application could not be disposed off, for any reason, within the stipulated time, relief sought for in the interlocutory and on and on its own merits, the application shall be considered.

While disposing of the SLP, the bench directed in its order that we grant interim protection from arrest to the petitioner herein, Till such time.

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IN THE CIRP OF BOMBAY RAYON FASHIONS LTD, NATIONAL COMPANY APPELLATE TRIBUNAL (NCLT) STAYS THE CONSTITUTION OF COC

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The National Company Appellate Tribunal (NCLT) in the case National Company Appellate Tribunal (NCLT), comprising of the bench of Justice M. Venugopal (Judicial Member) and the technical member, Shri Kanthi Narahari observed while adjudicating an appeal filed in Prashant Agarwal v Vikash Parasprampuria, has stayed in the Corporate Insolvency Resolution Process (CIRP) the constitution of the Committee of Creditors (COC) of Bombay Rayon Fashions Ltd. on 15.06.2022, the order was passed.

FACTS OF THE CASE:

The Operational Creditor or the Respondent, Vikash Parasprampuria is the sole Proprietor of Chiranjilal Yarn Traders and the respondent had supplied goods to a public listed company i.e., Bombay Rayon Fashions Limited (“Corporate Debtor”). The Operational Creditor raised nine invoices which was accepted by the Corporate Debtor without any demur and it was noted that the dispute, protest and part payments were also made towards certain invoices.

The reminder letter was sent by the Operational Creditor when the Corporate Debtor failed to release balance payments letters followed by a Demand Notice under Section 8 of the IBC dated 05.11.2020, which was delivered to the Corporate Debtor but no response was received from the Corporate Debtor.

MUMBAI NCLT PROCEEDINGS

An application under section 9 of the Insolvency & Bankruptcy Code, 2016 was filled by the Operational Creditor before the NCLT Mumbai Bench, seeking to initiation of CIRP against the Corporate Debtor, for defaulting in payment of Rs.1,60,87,838/-, wherein the principal amount was Rs. 97,87,220/- and remaining was interest. 01.11.2020, was the default date.

the Operational Creditor placed reliance so as to justify the compliance of Rs. 1 Crore threshold for initiating CIRP of the NCLT judgement in the case Pavan Enterprises v. Gammon India, it was held in the case that interest is payable to the Operational of Financial Creditor then the debt will include interest, in terms of any agreement. However, by including the interest component the threshold of Rs. 1 Crore was being me and no reply has been filled by the Corporate Debtor.

NCLT DECISION:

An order dated 07.06.2022, the NCLT Mumbai Bench observed that the Corporate Debtor had time and again by its letter, invoices and by making part payment acknowledged its liability.

It was stated by the bench that the application under Section 9 was complete in all respects as required by law and there was a default in the payment of debt amount by the Corporate Debtor. The bench accepted the application and the CIRP was initiated against the Corporate Debtor, Mr. Santanu T Ray, Interim Resolution Professional was appointed.

NCLT PROCEEDINGS:

An application was filled by the appellant, Prashant Agarwal before the NCLT against the order dated 07.06.2022.

The settlement was proposed by the Respondent by submitting that if it would be satisfied if the Appellant pays the principal amount along with the CIRP cost towards settlement and on the settlement proposal, the appellant is yet to seek instructions.

Accordingly, the bench in the CIRP of the Corporate Debtor stayed the constitution of CoC and the CIRP process would otherwise continue.

The Appellant to accept or reject the settlement proposal of the Respondent, the bench listed the matter on 07.07.2022.

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ESTOPPEL CANNOT OVERRIDE LAW: SUPREME COURT ACCEPTS UNSUCCESSFUL CANDIDATES’ CHALLENGES TO SELECTION PROCESS HELD AGAINST REGULATIONS

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The Supreme Court in the case Krishna Rai (Dead) Through LRs versus The Benarus Hindu University & Others observed and held that the principle of estoppel or acquiescence would not be applied in a selection process when the principle of estoppel is held contrary to the relevant rules.

The bench comprising of Justices Dinesh Maheshwari and Justice Vikram Nath observed and reiterated that that the procedure in the relevant service manual will prevail over the principle of estoppel and the principle of estoppel cannot override in the eye of law.

An appeal was considered by bench relating to the filling up of 14 posts in Class III (Junior Clerk) in the Benarus Hindu University by way of promotion. However, the notification inviting the applications from Class IV employees for promotion to Class III had not prescribed that interview will be conducted in addition to the typing test. It was also stated that the The service rules also did not mention interview for promotion to Class III. However, it finalized 14 candidates, the Board of Examiners conducted an interview as well.

Before the Allahabad High Court, some of the candidates challenged the selection process by some candidates, who did not get selected. The candidates alleging that through the manual did not prescribe an interview and the Board of Examiners conducted the interview by “changing the rules of the game”. The Selection process was set aside by the Single bench of the High Court by holding that a grave error was committed by preparing the merit list on the basis of the interview as well.

on appeal by the BHU, the division bench of the High Court set aside the judgement of the Single bench on the ground that the petitioners without protest after having participated in the interview, the petitioners are estopped from challenging the selection process after becoming unsuccessful. The appellants approached the Supreme Court challenging the order of division bench.

The Court noted that the Supreme Court held that the division bench fell in error by applying the principle of estoppel. the Manual duly approved by the Executive Council, According to para 6.4, all Class-IV employees who had put in five years’ service and passed matriculation examination or equivalent, those employees were eligible for the promotion to the post of Junior Clerk Grade.

the departmental written test of simple English, Hindi, and Arithmetic, but could not pass the typing test, was passed by the eligible candidates and still the candidates would be eligible for promotion.

It was observed by the Court that the Board on their own changed the criteria and by introducing an interview it made it purely merit based and the merit list was also prepared on the basis of marks awarded in the type test, the written test and interview.

The Top Court said that it is settled principle that the principle of estoppel cannot override the law and the manual duly approved by the Executive Council will prevail over any such principle of estoppel or acquiescence.

The Court remarked, while referring to the precents that If the law requires something to be done in a particular manner, there can be no estoppel against law, then it must be done in that particular manner, and if it is not done in that particular manner, then in the eye of the law, it would have no existence.

It was stated that the case laws relied upon by the Division bench had no application in the facts of the present case as none of those judgments laid down states that the principle of estoppel would be above in the eye of law.

Accordingly, The judgement of the Single bench was restored and the appeal was allowed, the judgement of the division bench was set aside.

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