Women's Reservation Act: Government Moves to Delink Implementation from Census
The central government is preparing a constitutional amendment to delink the implementation of the Nari Shakti Vandan Adhiniyam (Constitution 106th Amendment Act, 2023) from the requirement of completing the next Census and delimitation exercise.
In its current form, the Act ties the commencement of 33% women's reservation in the Lok Sabha and state assemblies to post-Census delimitation, placing the earliest possible implementation around 2031.
The proposed amendment could advance implementation to as early as 2029, bypassing the Census-delimitation prerequisite.
Congress President Mallikarjun Kharge wrote to Parliamentary Affairs Minister Kiren Rijiju demanding an all-party meeting be convened before any amendment is moved in Parliament.
Congress and other Opposition parties argue the amendment requires broad political consensus and should not be introduced without prior consultation with all parties.
The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam)
The Constitution (One Hundred and Sixth Amendment) Act, 2023, passed unanimously by Parliament in September 2023, inserts Articles 330A and 332A into the Constitution to reserve one-third of all directly elected seats in the Lok Sabha, state legislative assemblies, and the Delhi Legislative Assembly for women. Reservation is also mandated within the SC/ST quota seats on a rotational basis. The Act provides that this reservation shall remain in force for 15 years from the date of commencement and will be rotated after each delimitation exercise.
The proposed amendment seeks to surgically remove the Census-delimitation precondition, allowing the reservation to take effect on existing constituency boundaries without awaiting new population data — a structural departure from the original Act.
Delimitation and Its Constitutional Basis
Delimitation is the process of redrawing boundaries of parliamentary and assembly constituencies, carried out by the Delimitation Commission constituted under the Delimitation Act. Article 82 mandates readjustment of Lok Sabha seats after each Census; Article 170 does the same for state assemblies. The last delimitation was completed in 2008, based on the 2001 Census. The freeze on seat numbers under the 84th Amendment (2002) extended the existing constituency map until 2026.
Delinking the Act from Census/delimitation is procedurally straightforward but politically significant — it alters the foundational design of the reservation mechanism, requiring fresh constitutional amendment by a special majority.
Women's Political Representation: Historical Arc and the 73rd/74th Amendments
India's record on women in elected legislatures has historically been weak at the national level despite stronger outcomes at the local body level. The 73rd Amendment (1992) and 74th Amendment (1992) inserted Articles 243D and 243T respectively, mandating not less than one-third reservation for women in panchayats and urban local bodies — a provision that has been in operation for over three decades. Several states have since raised the quota to 50%.
The all-party meeting demand reflects a lesson learnt from the Panchayati Raj experience: major structural changes in reservation design require political buy-in across party lines to ensure smooth implementation and constitutional durability.
- 106th Amendment — passed September 2023; inserts Articles 330A and 332A
- 33% — proportion of seats reserved for women in Lok Sabha, state assemblies, and Delhi assembly
- 15 years — duration for which the reservation will operate from commencement
- 128th Amendment Bill — the bill number when introduced in Parliament
- Current women's representation in Lok Sabha: approximately 13-14% (as of 18th Lok Sabha, 2024)
- 73rd Amendment (1992) — Article 243D: minimum one-third reservation for women in panchayats
- 74th Amendment (1992) — Article 243T: minimum one-third reservation in urban local bodies
- Census 2021 postponed; Census 2027 now scheduled
- Last delimitation completed: 2008 (based on 2001 Census)
- Article 82 — readjustment of Lok Sabha seats after each Census
- Article 170 — readjustment of state assembly seats after each Census