What Happened
- Opposition parties demanded an all-party meeting with the government on a proposed amendment to the Women's Reservation Act (Nari Shakti Vandan Adhiniyam, 2023) that would increase the number of reserved seats for women in the Lok Sabha and State Legislative Assemblies.
- Opposition leaders sought a government note on the proposed changes before any all-party consultation.
- The government signalled its intent to take the Opposition on board regarding a hike in Lok Sabha and Assembly seats reserved for women, framing the move as a consensus exercise rather than a unilateral decision.
- The discussions centre on whether to expand the 33% reservation ceiling, or to advance the implementation timeline which is currently tied to the completion of a delimitation exercise following the decennial census (scheduled to begin March 2027).
- The original 106th Constitutional Amendment requires two pre-conditions before reservation takes effect: (1) completion of a census, and (2) delimitation of constituencies based on that census. Both are pending as of March 2026.
- Opposition parties have consistently argued that these pre-conditions effectively defer implementation to 2029 (general elections) at the earliest and are demanding either an amendment to remove the pre-conditions or a firm timeline.
Static Topic Bridges
The Constitution (One Hundred and Sixth Amendment) Act, 2023 — Nari Shakti Vandan Adhiniyam
The 106th Constitutional Amendment, formally known as the Constitution (One Hundred and Sixth Amendment) Act, 2023, and popularly as the Nari Shakti Vandan Adhiniyam, was passed by the Lok Sabha on September 20, 2023 (454 in favour, 2 against) and by the Rajya Sabha on September 21, 2023 (214 in favour, none against) during a special session of Parliament held in the new Parliament building. It inserts three new articles into the Constitution: Article 330A (reservation of seats for women in Lok Sabha), Article 332A (reservation of seats for women in State Legislative Assemblies), and Article 239AA(2A) for the Delhi Assembly. The Amendment reserves not less than one-third (33%) of the total seats in each of these bodies for women. Within the seats reserved for SCs and STs, one-third must be sub-reserved for women belonging to those categories.
- Amendment number: 106th Constitutional Amendment
- Passed: Lok Sabha — September 20, 2023 (454–2); Rajya Sabha — September 21, 2023 (214–0)
- New articles inserted: Article 330A (Lok Sabha), Article 332A (State Assemblies), Article 239AA(2A) (Delhi Assembly)
- Quantum of reservation: One-third (33%) of total seats
- Sub-reservation: Within SC and ST reserved seats, one-third reserved for women of those categories
- Rotation: Reserved constituencies will be rotated after each delimitation exercise
- Duration: Reservation lasts 15 years from commencement (extendable by Parliament)
Connection to this news: The current debate on an amendment to the Act and opposition demands arise because the existing 106th Amendment tied implementation to delimitation, meaning the 33% reservation may not be operational until after the 2029 general elections. Any amendment to advance implementation or expand the percentage requires another constitutional amendment.
Delimitation and the Census Requirement — Why Implementation is Deferred
The 106th Amendment contains a built-in deferral mechanism. Under the Act's Section 5, the reservation shall come into effect only after the relevant figures for the first census taken after the commencement of this Act have been published and after the subsequent delimitation of Parliamentary and Assembly constituencies has been carried out. The decennial census was last conducted in 2011; the 2021 census was postponed due to COVID-19 and has been rescheduled to begin March 2027. Delimitation of constituencies — the redrawing of electoral boundaries — is conducted by the Delimitation Commission under the Delimitation Act, 2002. Since delimitation can only follow census publication, and the census has not yet been conducted, women's reservation under the 106th Amendment is effectively deferred until at least 2029 or 2030. This is the central objection of opposition parties.
- Delimitation Commission: Statutory body under Delimitation Act, 2002
- Last delimitation: Based on 2001 Census; freezing of seats extended to 2026
- Census 2021: Postponed due to COVID-19; rescheduled to commence March 2027
- Census 2031: Would be the "first census after commencement of the Act" if 2027 census is treated as the operative one — pushing delimitation further
- Previous Women's Reservation Bills: Introduced in 1996, 1998, 1999, and 2008 — all lapsed without passage
- Article 82: Parliament must readjust Lok Sabha seats after each census via delimitation
Connection to this news: The government's consultation with the opposition on a "hike in seats" suggests discussion of either (a) a constitutional amendment to advance the implementation date, or (b) increasing the percentage of reservation beyond 33%, both of which would require fresh constitutional amendments.
How a Constitutional Amendment Is Passed — Special Majority Requirements
Amending the Constitution requires different majorities depending on the nature of the amendment. Article 368 provides the amendment procedure. An amendment to provisions listed in Article 368(2) requires a special majority: a majority of the total membership of each House (i.e., absolute majority) AND two-thirds of members present and voting. For provisions affecting federal structure (e.g., representation in Parliament, Articles 54, 55, 73, 162 etc.), ratification by at least half the State Legislatures is additionally required under Article 368(2) proviso. The 106th Amendment was passed under Article 368(2) with a special majority. Any further amendment to it — whether to remove the census/delimitation pre-condition or increase the percentage — would require the same special majority.
- Article 368: Procedure to amend the Constitution
- Simple majority: Ordinary legislation — majority of members present and voting
- Absolute majority: Majority of the total membership of the House (e.g., 273 of 543 in Lok Sabha)
- Special majority (Article 368(2)): Absolute majority + two-thirds of members present and voting
- Ratification by States: Required when amending provisions in Article 368(2) proviso (federal structure provisions)
- 106th Amendment: Passed under special majority; future amendments would require the same threshold
Connection to this news: The all-party consultation being sought is politically essential because passing a fresh constitutional amendment to advance women's reservation requires the ruling coalition to secure opposition support to meet the two-thirds majority threshold in both Houses.
Key Facts & Data
- Act name: Constitution (One Hundred and Sixth Amendment) Act, 2023 / Nari Shakti Vandan Adhiniyam
- Reservation quantum: 33% of seats in Lok Sabha, State Assemblies, Delhi Assembly
- Passage: September 20–21, 2023 (special session, new Parliament building)
- Pre-condition for implementation: Census completion + delimitation of constituencies
- Census status: 2021 census postponed; rescheduled to begin March 2027
- Earliest implementation: 2029 general elections (if census done 2027, delimitation 2028)
- Current Lok Sabha women members: Approximately 74 of 543 (about 13.6%) — far below 33%
- Amendment type: Article 368(2) — special majority required (absolute majority + two-thirds present and voting)
- Previous lapsed Bills: Women's Reservation Bills of 1996, 1998, 1999, 2008 — all failed to pass