Mentor’s Comment

The Nari Shakti Vandan Adhiniyam (Women’s Reservation Act, 2023) was projected as a landmark reform in India’s constitutional history. However, its implementation has been tied to the post-Census delimitation process, effectively postponing operationalisation until at least 2034. The debate raises critical questions of constitutional design, political incentives, federal balance, and institutional accountability. This issue is central to GS Paper II (Polity & Governance) and also intersects with representation, federalism, and social justice.

Why in the News?

Parliament passed the Constitution (106th Amendment) Act, 2023 in September 2023, guaranteeing 33% reservation for women in the Lok Sabha and State Assemblies for the first time in independent India’s constitutional history. The earlier Women’s Reservation Bills (1996 onwards) repeatedly lapsed despite Rajya Sabha passage in 2010. The 2023 Act was hailed as a historic correction to India’s low female representation (about 15% in Lok Sabha). However, the Act mandates implementation only after the first Census conducted post-2026 and subsequent delimitation. Given that delimitation may conclude around 2032-33, reservation may operate only from the 2034 general election. The reform therefore represents a constitutional milestone accompanied by an operational deferment.

What are the key provisions of the Constitution (106th Amendment) Act, 2023?

1. Reservation Mechanism: One-third (33%) of seats are reserved for women in the Lok Sabha, State Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.
2. SC/ST Inclusion: The reservation includes a sub-quota for women from Scheduled Castes (SCs) and Scheduled Tribes (STs) within their respective reserved seat categories.
3. Effective Date: The quota will take effect after the first census conducted following the Act’s commencement is published and the subsequent delimitation exercise is completed.
4. Rotation of Seats: Seats reserved for women will be rotated after each delimitation exercise.
5. Duration: The provision is valid for 15 years from its implementation, with potential for extension by Parliament.

Constitutional Articles:

1. Article 330A: Adds reservation for women in the Lok Sabha.
2. Article 332A: Adds reservation for women in State Assemblies.
3. Article 334A: Sets the timeline for commencement and expiry (sunset clause). It provides that reservation shall come into effect after delimitation and remain for 15 years (subject to extension).

Why Has Implementation Been Linked to Census and Delimitation?

1. Article 82 Requirement: Mandates delimitation after each Census.
2. Sequential Process: Census to Publication to Delimitation Commission to Redrawing constituencies.
3. Census Schedule: Next Census to be conducted after 2026 (likely 2027).
4. Time Lag: Data verification and delimitation historically take 4-6 years.
5. Outcome: Reservation operational only after delimitation, possibly 2034.

Does the Delimitation Linkage Reflect Political Incentive Structuring?

1. Seat Conversion Impact: One-third of 543 Lok Sabha seats (~181 seats) would become women-only if implemented immediately.
2. Incumbent Displacement: Large-scale replacement of sitting male legislators.
3. Expansion Strategy: Delimitation may increase total seats to around 800-888, absorbing reservation without eliminating incumbents.
4. Political Risk Mitigation: Expansion diffuses electoral shock.

How Does Delimitation Intersect with Federal Balance and Population Politics?

1. 1976 Freeze: Seat redistribution frozen to protect States that controlled population growth.
2. Post-2026 Redistribution: High-growth States gain proportional representation.
3. North-South Tension: Southern States risk relative seat reduction.
4. Gender Justice Entanglement: Women’s representation linked to unresolved inter-state distribution debate.

What Design and Implementation Gaps Persist in the Amendment?

1. Absence of OBC Sub-Quota: No reservation for OBC women despite OBC women forming significant demographic share.
2. Rotation Mechanism Ambiguity: No clarity on frequency or methodology of constituency rotation.
3. Upper House Exclusion: No application to Rajya Sabha or Legislative Councils.
4. Operational Rules Pending: Absence of procedural clarity increases scope for litigation and administrative uncertainty.

What Are the Governance and Institutional Implications?

1. Delayed Representation: Constitutional right deferred.
2. Symbolic vs Substantive Reform: Law passed without immediate enforceability.
3. Institutional Accountability: Parliament controls amendment pathway for decoupling reservation from delimitation.
4. Democratic Legitimacy: Extended delay risks weakening reform credibility.

Conclusion

The Constitution (106th Amendment) Act, 2023 institutionalises gender parity within legislative representation. However, by linking implementation to future delimitation, it defers substantive equality. Timely operationalisation is essential to align constitutional promise with democratic practice.

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