Constitutional Framework
- The Constitution (106th Amendment) Act, 2023, popularly known as Nari Shakti Vandan Adhiniyam, provides one-third reservation for women.
- It reserves seats in the
- Lok Sabha
- State Legislative Assemblies and
- the Legislative Assembly of NCT Delhi.
- The Act inserts Article 330A, reserving one-third seats for women in the Lok Sabha.
- Article 330A includes seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
- The Act inserts Article 332A, reserving one-third seats for women in State Assemblies.
- Article 332A also ensures inclusion of women within existing SC and ST reserved constituencies.
- Article 239AA was amended to extend one-third reservation to the Delhi Legislative Assembly.
- The Act inserts Article 334A, specifying the implementation and operational framework.
- Article 334A states that reservation will begin only after the next delimitation exercise.
- Delimitation will occur after the first Census conducted after 2026.
- Delimitation requires constitution of a Commission under Article 82 of the Constitution.
- Previous Delimitation Commissions took at least three years, with the 2002 exercise lasting six years.
- The Act includes a 15-year sunset clause, extendable by Parliament through legislation.
- It also mandates periodic rotation of reserved constituencies, though operational clarity is pending.
Significance of the Act
- The Act is hailed as a milestone for gender justice and political inclusion.
- It ends a legislative struggle that began with the 1996 Women’s Reservation Bill.
- Women’s representation strengthens democratic legitimacy and accountability.
- Greater participation may improve focus on health, education, and welfare policies.
- The Act symbolically affirms Parliament’s commitment to constitutional equality.
Political Economy Behind the Delay
- Immediate implementation within the existing 543-seat Lok Sabha would reserve about 181 seats. This would displace an equal number of male incumbents overnight.
- Linking reservation to future delimitation and expansion reduces political resistance.
- After delimitation, Lok Sabha strength may increase to 800–888 seats.
- Expansion allows reservation without directly removing sitting Members of Parliament.
- The mechanism is politically convenient but delays substantive representation.
Institutional and Design Gaps
- Reservation excludes Rajya Sabha and State Legislative Councils.
- There is no OBC sub-reservation, despite OBC women forming nearly 40% of female population.
- The Act mandates rotation of reserved constituencies after each election. However, the operational mechanism for rotation lacks clarity.
- Simultaneous rotation and delimitation may create administrative confusion.
- Ambiguities may trigger legal challenges and political disputes.
Way Forward
- Parliament can amend the Constitution to delink reservation from delimitation.
- Temporary expansion of Lok Sabha can avoid displacement of incumbents.
- Reservation may be applied within existing constituencies for initial cycles.
- Clear and transparent rotation rules must be developed through consultation.
- Inclusion of Upper Houses and OBC women should be reconsidered.
- Political will is essential to convert constitutional promise into reality.
ConclusionThe Act represents a historic commitment to gender equality in politics. However, structural linkage with Census and delimitation has deferred implementation. As the representation delayed risks becoming representation denied thus timely execution is necessary to uphold India’s constitutional vision of equality.