Women’s Reservation Act, 2023: Constitutional Dilemma

Brief Context

Published on: 23 February, 2026 The reservation of women under Women’s Reservation Act, 2023 (106th Constitutional Amendment Act) will take effect only after the first Census conducted after 2026 and the subsequent delimitation exercise.

Source Content

Syllabus: GS2/Governance; Issues Related To Women

Context

• The reservation of women under Women’s Reservation Act, 2023 (106th Constitutional Amendment Act) will take effect only after the first Census conducted after 2026 and the subsequent delimitation exercise.
• It creates a constitutional and logistical barrier, making implementation in the 2029 General Elections practically impossible.

About Women’s Reservation Act, 2023 (106th Constitutional Amendment Act)

• Background: Popularly known as the Nari Shakti Vandan Adhiniyam, 2023.
  • Passed by Parliament and received Presidential assent in September 2023.
  • Seeks to enhance women’s political representation in legislatures.
• Key Provisions: Provides one-third reservation for women in Lok Sabha (Article 82), State Legislative Assemblies (Article 170), and Legislative Assembly of Delhi (NCT).
  • The reservation includes SC/ST women within the SC/ST quota.
• Constitutional Amendments: The Act inserts the following Articles:
  • Article 330A: Reservation of seats for women in Lok Sabha.
  • Article 332A: Reservation of seats for women in State Legislative Assemblies.
  • Article 334A: Duration and operational details of reservation.
• Duration: Reservation to continue for 15 years from commencement.
  • Parliament may extend it further.
• Rotation of Seats: Reserved seats will rotate after each delimitation exercise (Article 82).
  • Specific mechanism to be determined later.
• Implementation Clause: Reservation will come into effect only after the first Census conducted after 2026, and Delimitation exercise based on that Census.
  • Thus, it will likely be implemented only after 2031 Census-based delimitation, possibly from the 2034 General Elections.

Significance: Linking Reservation To Delimitation

• Political Arithmetic: If implemented immediately within the existing 543 Lok Sabha seats:
  • 181 seats would become women-only, and 181 male MPs would lose eligibility in their constituencies.
• Expected Expansion of Lok Sabha: After delimitation, Lok Sabha seats may increase significantly (estimated 750–888 seats).
  • It allows 33% reservation without removing sitting male MPs, and political adjustment through expansion rather than replacement.
• Major step toward gender justice and political empowerment.
• Enhances substantive equality under Article 15(3).
• Aligns with India’s commitment to SDG-5 (Gender Equality).
• Builds upon 33% reservation for women in Panchayats and Municipalities (73rd & 74th Amendments).

Related Concerns & Issues

• North–South Divide: Delimitation has been frozen since 1976 (42nd Amendment) and extended in 2001 (84th Amendment) to maintain balance among States.
  • When delimitation occurs, states with higher population growth (mostly northern States) may gain seats.
  • Southern States may lose proportional representation due to effective population control.
• Design Gaps in the Act:
  • Exclusion of Upper Houses: Act does not apply to Rajya Sabha or State Legislative Councils, and raises questions of equality in representation.
  • No OBC Sub-Reservation: SC/ST women receive proportional quotas. But no specific sub-quota for OBC women, despite their large demographic share.
• Rotation of Constituencies: Reserved constituencies will rotate after each general election. There is operational ambiguity like building long-term political bases alongside delimitation.

Way Ahead: Constitutional and Policy Alternatives

• The delay is not constitutionally unavoidable. Parliament can:
  • Amend the Constitution to delink reservation from delimitation.
  • Implement reservation within existing constituencies for two election cycles.
  • Expand Lok Sabha immediately by adding seats earmarked for women.
  • Freeze state-wise seat allocation temporarily to avoid federal conflict.
• Under Article 15(3), Parliament has enabling power to provide special provisions for women.
• For meaningful implementation of Act, there is a need to:
  • Clarify roadmap for Census and delimitation timeline.
  • Consider interim implementation mechanisms.
  • Extend reservation to Upper Houses.
  • Address OBC sub-reservation concerns.
  • Ensure transparent rotation policy.

Conclusion

• The Women’s Reservation Act, 2023 represents a historic constitutional promise. But, by tying implementation to Census and delimitation, Parliament has deferred that promise.
• The women’s representation in Parliament will remain postponed until at least 2034 unless corrective constitutional action is taken.
• In a democracy founded on equality, prolonged delay risks turning constitutional commitment into symbolic legislation.
• Representation delayed is representation denied.

Source: TH