What Happened
- The Central government is actively consulting opposition parties to build multi-party consensus for amending the Constitution (106th Amendment) Act, 2023, also known as the Nari Shakti Vandan Adhiniyam.
- The proposed amendment would delink the Women's Reservation Act's implementation from the pending national census, instead using 2011 census data to conduct a fresh delimitation exercise.
- Under this proposal, Lok Sabha strength would expand from 543 to 816 seats, with 273 seats (one-third) designated exclusively for women, including horizontal reservation within SC and ST quotas.
- The government aims to have the women's reservation operational before the 2029 general elections, bypassing the wait for a fresh post-2021 census.
- A constitutional amendment bill may be introduced in the ongoing Budget session of Parliament to enable this fast-track implementation.
Static Topic Bridges
The Constitution (106th Amendment) Act, 2023 — Nari Shakti Vandan Adhiniyam
The Constitution (106th Amendment) Act, 2023 — the formal enactment of what was introduced as the Constitution (128th Amendment) Bill, 2023 — provides one-third reservation for women in the Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. Signed by President Droupadi Murmu on 28 September 2023, the Act inserted three new articles: Article 330A (reservation in Lok Sabha), Article 332A (reservation in state assemblies), and Article 334A (commencement conditions and duration). The reservation applies on a rotational basis — seats reserved for women shall be rotated after each subsequent delimitation exercise, as determined by Parliament.
- Inserted by the Constitution (128th Amendment) Bill, 2023, passed in both Houses by special majority (two-thirds of members present and voting, plus more than half of total membership — Article 368 special majority)
- Article 334A explicitly ties commencement to: (i) publication of the first census after 2023 enactment, and (ii) completion of a delimitation exercise based on that census
- Reservation shall remain in force for 15 years from the date of commencement, with Parliament empowered to extend it by law
- One-third horizontal reservation for women is carved within seats reserved for Scheduled Castes and Scheduled Tribes
- Female representation in Lok Sabha as of 2024: approximately 13.6% (74 of 543 seats), one of the lowest among major democracies
Connection to this news: The government's proposal to substitute the pending census with 2011 data directly targets Article 334A's precondition, requiring a fresh constitutional amendment to allow delimitation to proceed without awaiting a post-2021 census.
Delimitation: Constitutional Mandate under Articles 82 and 327
Delimitation is the exercise of redrawing parliamentary and assembly constituency boundaries to reflect changes in population, conducted after each census under Article 82 of the Constitution. Article 82 mandates readjustment in the allocation of seats to every state in the Lok Sabha and the division of every state into constituencies upon completion of each census. Parliament must frame a law authorising a Delimitation Commission to conduct this exercise; Article 327 empowers Parliament to legislate on all election-related matters, including delimitation.
- India has had four Delimitation Commissions: 1952, 1963, 1973, and 2002
- The 42nd Constitutional Amendment (1976) froze seat allocations based on the 1971 census until 2001, to avoid penalising states that performed well on population control
- The 84th Constitutional Amendment (2002) extended this freeze until 2026, allowing only intra-state boundary adjustments based on the 2001 census (Delimitation Commission 2002–2008, chaired by Justice Kuldip Singh)
- The 2002 Delimitation Commission was notified on 12 July 2002; its orders were approved by President Pratibha Patil on 19 February 2008
- Current proposal: use 2011 census data to expand Lok Sabha from 543 to 816 seats — a 50% increase — and implement women's reservation within these new boundaries
- Delimitation Commission orders are final and cannot be challenged in any court (Delimitation Act provision)
Connection to this news: The seat freeze expires in 2026, making this the first opportunity in five decades to expand Lok Sabha seats. Using the 2011 census (rather than waiting for a post-2021 census) would allow delimitation proceedings to begin immediately and potentially conclude before 2029 elections.
Women's Political Representation: Historical Context and International Comparisons
The demand for legislative reservation for women dates back to the early 1990s when the 73rd and 74th Constitutional Amendments (1992) introduced one-third reservation in panchayats and urban local bodies. The Women's Reservation Bill was first introduced in Parliament in 1996 under Prime Minister H.D. Deve Gowda's government; subsequent attempts in 1998, 1999, 2008, and 2010 all lapsed or were disrupted. The 2010 passage in the Rajya Sabha was followed by 13 years of inaction in the Lok Sabha before the 2023 enactment.
- 73rd Amendment (1992): Article 243D mandates not less than one-third reservation for women in panchayats; several states have increased this to 50%
- 74th Amendment (1992): Article 243T mandates not less than one-third reservation for women in municipalities
- The 2023 Act marked the first time the Lok Sabha passed legislation reserving women's seats in its own composition
- Global average: women hold approximately 27% of seats in national parliaments (IPU, 2024); India ranks among the lower tier of democracies
- SC and ST quotas: Women's reservation is horizontal across all categories — one-third of SC-reserved seats go to women, one-third of ST-reserved seats go to women, and one-third of general seats go to women
Connection to this news: The legislative architecture for women in local bodies (33–50%) has existed since 1992 but Parliament resisted equivalent reform for 31 years. The 2023 Act closed this gap; the 2026 proposal would operationalise it for the 2029 elections for the first time.
Special Majority Requirement for Constitutional Amendments (Article 368)
Constitutional amendments affecting representation and elections require a special majority under Article 368 — that is, a majority of the total membership of each House of Parliament (absolute majority) plus a majority of not less than two-thirds of the members present and voting. Since the Women's Reservation Act was enacted through this mechanism, any amendment modifying its commencement conditions (Article 334A) would equally require special majority passage in both Lok Sabha and Rajya Sabha.
- Article 368(2): Bills amending the Constitution require passage by special majority in both Houses separately — there is no joint sitting for constitutional amendment bills
- "Absolute majority" = more than half the total membership of a House (e.g., more than 272 of 543 in Lok Sabha)
- "Special majority" under Article 368 = two-thirds of members present and voting, provided this is also more than half the total membership
- Bills under Article 368 cannot be introduced as Money Bills; they may be introduced in either House
- The 106th Amendment was passed in Lok Sabha with 454 votes in favour and 2 against, and in Rajya Sabha with 215 votes in favour and 0 against — both crossing the special majority threshold
Connection to this news: Any amendment to Article 334A — to substitute 2011 census data for the forthcoming census — would again require this two-thirds special majority, making cross-party consultation essential and explaining the government's outreach to opposition parties before introduction of the bill.
Key Facts & Data
- Current Lok Sabha strength: 543 elected seats (+ 2 Anglo-Indian nominated seats, abolished by 104th Amendment in 2020)
- Proposed Lok Sabha strength post-delimitation: 816 seats
- Women seats under the proposal: 273 (exactly one-third of 816)
- Women's current share in Lok Sabha (18th Lok Sabha, 2024): approximately 13.6%
- The 106th Amendment Act was signed by the President on 28 September 2023
- Article 334A links commencement to the first census after 2023 and a subsequent delimitation exercise
- The 84th Amendment (2002) froze seats until 2026; this freeze has now expired
- India has had 4 Delimitation Commissions: constituted in 1952, 1963, 1973, and 2002
- Last delimitation orders: approved 19 February 2008 (based on 2001 census)
- Women in state assemblies: approximately 9% on average (as of 2024), among the lowest globally
- 73rd and 74th Amendments (1992) provide one-third reservation for women in panchayats and municipalities respectively