What Happened
- The Prime Minister has written to all political party floor leaders in Parliament, urging unanimous support for the passage of enabling legislative measures to implement the Nari Shakti Vandan Adhiniyam (the 106th Constitutional Amendment Act, 2023).
- The government aims to have the women's reservation in Lok Sabha and state assemblies operational in time for the 2029 general elections.
- Draft amendment bills prepared by the government have been cleared for introduction, seeking to operationalise the one-third reservation for women that was constitutionally enacted in September 2023 but made contingent on a delimitation exercise.
- Implementation requires completion of a Census (first post-2023 census) and subsequent delimitation of constituencies before reservation can take effect.
- The move has triggered cross-party discussions; some parties have demanded sub-reservation for OBC women within the women's quota.
Static Topic Bridges
106th Constitutional Amendment Act, 2023 — Nari Shakti Vandan Adhiniyam
The Constitution (One Hundred and Sixth Amendment) Act, 2023, popularly known as the Nari Shakti Vandan Adhiniyam, was passed by both Houses of Parliament in September 2023. It inserts new Articles 330A and 332A into the Constitution to reserve one-third of directly elected seats for women in the Lok Sabha and all State Legislative Assemblies respectively. The Amendment also applies to the Legislative Assembly of the National Capital Territory of Delhi through amendment to Article 239AA. Within the reserved seats, a sub-reservation is provided for women from Scheduled Castes (SC) and Scheduled Tribes (ST) categories within the seats already reserved for those groups.
- Constitutional basis: Article 330A (Lok Sabha), Article 332A (State Legislative Assemblies), Article 239AA (Delhi Assembly)
- Amendment number and year: 106th Constitutional Amendment, 2023
- Quantum of reservation: One-third (33.33%) of total directly elected seats
- Sub-reservation: SC and ST women within already reserved SC/ST seats
- Majority required for passage: Special majority under Article 368 (two-thirds of members present and voting + majority of total membership of each House) — passed in September 2023
- Sunset clause: Reservation expires 15 years from the date of commencement (Parliament can extend)
- Historical context: Bills introduced in 1996, 1998, 1999, 2008 — all lapsed; 2008 bill passed Rajya Sabha but lapsed in Lok Sabha; finally enacted in 2023
Connection to this news: The current government push seeks to pass enabling legislation to trigger the reservation's operationalisation before 2029 elections, fulfilling the intent of the 2023 amendment already embedded in the Constitution.
The Delimitation Requirement as a Constitutional Pre-condition
The Nari Shakti Vandan Adhiniyam's reservation is not self-executing. Article 330A(1) specifies that women's reservation takes effect only after the first Census conducted after the commencement of the Act and after the subsequent delimitation of constituencies based on that Census. Delimitation is the process of redrawing the boundaries of parliamentary and assembly constituencies, carried out by the Delimitation Commission constituted under the Delimitation Act, 2002. The last delimitation for Lok Sabha constituencies was based on the 2001 Census; a new delimitation (post-2021 Census) is pending. The constitutional bar on increasing the number of Lok Sabha seats (presently 543) was set by the 42nd Amendment (1976) and frozen until the first Census after 2026 under the 84th Amendment (2001).
- Delimitation Commission constituted under Delimitation Act, 2002 (earlier under Delimitation Commission Act, 1952)
- Article 82 (Lok Sabha) and Article 170 (State Assemblies) govern readjustment of seats after each Census
- Freeze on seat numbers: 84th Constitutional Amendment, 2001 — froze seats based on 1971 Census until first Census after 2026
- Women's reservation pre-condition: first post-2023 Census + delimitation exercise must be completed first
- No Census has been conducted since 2011 (2021 Census delayed due to COVID-19)
- This delay directly postpones the women's reservation implementation
Connection to this news: The government's bid to implement reservation by 2029 hinges on accelerating the pending Census and delimitation exercise — currently the primary structural bottleneck.
Special Majority and Constitutional Amendment Procedure (Article 368)
Amendments to the Constitution affecting fundamental structure or representation in Parliament require a special majority under Article 368(2): a majority of the total membership of each House and a two-thirds majority of members present and voting. The 106th Amendment was passed in this manner. Additionally, since the amendment affects the constitution of State Legislatures, it required ratification by not less than one-half of the State Legislatures (Article 368(2) proviso) — though the 106th Amendment was not subject to this proviso as it did not affect the distribution of legislative powers.
- Article 368(2): Special majority = majority of total membership + two-thirds of members present and voting
- Bills introduced under Article 368 must be passed separately by both Houses; no joint sitting possible
- The 106th Amendment did not require state ratification (no change to distribution of powers between Union and States)
- Enabling legislation (ordinary bills) for operationalisation of the amendment can be passed by simple majority
Connection to this news: The upcoming enabling bills being sought to be passed unanimously are likely ordinary legislative measures (not fresh constitutional amendments), requiring only a simple majority — making cross-party consensus a political, not constitutional, requirement.
Key Facts & Data
- 106th Constitutional Amendment enacted: September 2023
- New articles inserted: 330A (Lok Sabha), 332A (State Assemblies), amendment to 239AA (Delhi Assembly)
- Quantum: 33% reservation for women in directly elected seats
- Sub-reservation for SC/ST women within their existing reserved categories
- Sunset clause: 15 years from commencement (extendable by Parliament)
- Pre-condition: Post-2023 Census + delimitation exercise (yet to be completed)
- Historical attempts: 1996, 1998, 1999 (lapsed due to dissolution); 2008 (passed RS, lapsed in LS)
- 2029 general elections: target implementation deadline cited by government
- OBC sub-reservation demand: raised by several opposition parties, not included in the 2023 amendment