Women’s Reservation Act, 2023: Constitutional Dilemma

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