What Happened
- The Union Cabinet approved draft bills to amend the Constitution (106th Amendment) Act, 2023, known as the Nari Shakti Vandan Adhiniyam, to enable early implementation of women's reservation in Parliament
- The government aims to operationalise 33% reservation for women in the Lok Sabha and state legislative assemblies by the 2029 general elections
- Under the proposed framework, Lok Sabha seats would be increased to 816, with 273 seats reserved for women
- The delimitation exercise, which is a prerequisite under the original Act, would be conducted using the 2011 Census as the base rather than waiting for the 2027 Census
- Three separate legislative instruments are being introduced: a constitutional amendment bill, an ordinary bill amending the Delimitation Act, and a bill covering Delhi, Jammu & Kashmir, and Puducherry
Static Topic Bridges
Constitution (106th Amendment) Act, 2023 — Nari Shakti Vandan Adhiniyam
The 106th Constitutional Amendment Act, 2023 (also referred to as the 128th Constitutional Amendment Bill during its passage) inserted Articles 330A and 332A into the Constitution, providing for reservation of one-third of seats for women in the Lok Sabha, state legislative assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. The Act stipulates that the reservation will come into force only after a fresh Census is conducted and constituencies are delimited on that basis. The current amendment package seeks to bypass the Census dependency by using the 2011 Census for delimitation.
- Formally enacted as the Constitution (One Hundred and Sixth Amendment) Act, 2023
- Inserted Articles 330A (Lok Sabha) and 332A (State Assemblies) into the Constitution
- Reservation applies within SC and ST reserved seats as well (one-third of SC/ST seats also reserved for women)
- The reservation is time-limited: 15 years from commencement, with rotational seats after each delimitation
- Legislative history: first introduced in 1996; lapsed multiple times; finally enacted in 2023 after 27 years
Connection to this news: The proposed amendments delink women's reservation from the post-2026 Census requirement, enabling delimitation on the 2011 Census base and targeting operationalisation by 2029.
Delimitation — Constitutional and Statutory Framework
Delimitation is the process of redrawing constituency boundaries and reallocating parliamentary/assembly seats based on population data from the Census. It is governed by the Delimitation Act, 2002 and carried out by a Delimitation Commission constituted under Article 82 (for Lok Sabha, post each Census) and Article 170 (for State Assemblies). The Constitution (42nd Amendment) Act, 1976 froze seat allocations until 2001; the Constitution (84th Amendment) Act, 2001 further froze them until the first Census post-2026. This freeze was the primary reason women's reservation could not be operationalised immediately after the 2023 Act.
- Article 82: Parliament must enact a Delimitation Act after every Census; constituencies redrawn accordingly
- Article 170: State legislatures similarly readjusted after each Census
- 84th Amendment (2001): Froze total Lok Sabha seats at 543 until the first Census after 2026
- Delimitation Commission: quasi-judicial body; its orders are not subject to judicial review (Article 329)
- Current proposal: use 2011 Census (instead of 2027/2031) to conduct delimitation, increasing Lok Sabha seats to 816
Connection to this news: By amending the Delimitation Act to allow use of 2011 Census data, the government can conduct delimitation and carve out 273 new seats for women without waiting for the 2027 Census results (expected around 2028-29).
Essential Majority Requirements for Constitutional Amendments
The 106th Amendment was passed under Article 368 of the Constitution, which lays down the procedure for amendment. Most constitutional amendments require a special majority: not less than two-thirds of members present and voting in each House, plus an absolute majority (more than 50%) of the total membership of each House. The women's reservation amendment required only this special majority (no ratification by State Legislatures was needed since it did not affect the federal balance under the proviso to Article 368(2)).
- Article 368(2): Requires special majority in each House (2/3 of members present and voting + majority of total membership)
- Article 368(2) proviso: Certain amendments (affecting federal provisions) additionally require ratification by at least half the State Legislatures
- The 106th Amendment was passed without State ratification, as it did not alter Centre-State representation
- Ordinary bills (like the proposed Delimitation Act amendment) require only a simple majority
Connection to this news: The constitutional amendment bill in the current package will again require the Article 368 special majority in both Houses; the Delimitation Act amendment is an ordinary bill requiring only a simple majority.
Historical Trajectory — Women's Political Representation in India
Women's representation in the Lok Sabha has remained low despite constitutional guarantees of equality. As of the 2024 general elections, women won 74 seats (approximately 13.6% of the 543 seats). India ranks significantly below the global average of ~26% women's representation in national parliaments (IPU data). The Nari Shakti Vandan Adhiniyam (2023) is designed to move India toward 33%, though implementation was contingent on post-2026 delimitation.
- Current Lok Sabha women representation: ~74 seats (~13.6%) as of 2024 elections
- Global average: ~26% women in national parliaments (Inter-Parliamentary Union)
- Rwanda leads globally with >60% women in its parliament
- Panchayati Raj: 73rd Amendment (1992) already mandates 33% reservation for women in local bodies; several states have raised this to 50%
- 73rd Amendment (Articles 243D) and 74th Amendment (Articles 243T) are the existing constitutional reservation provisions for women at local government level
Connection to this news: The current amendment package attempts to replicate at the national level what the 73rd and 74th Amendments achieved for panchayats — guaranteed minimum women's representation through constitutional reservation.
Key Facts & Data
- Lok Sabha seats post-delimitation (proposed): 816 (up from current 543)
- Women's reserved seats (proposed): 273 (~33% of 816)
- Target implementation: 2029 general elections
- Current women's representation in Lok Sabha: ~74 seats (~13.6%)
- 106th Amendment enacted: 2023; inserted Articles 330A and 332A
- Reservation duration: 15 years from commencement date
- Census basis for proposed delimitation: 2011 (instead of post-2026 Census)
- Legislative history: Bill first introduced in 1996; passed after 27-year delay in 2023
- State Legislatures: 33% quota to apply to all state assemblies simultaneously