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Rijiju writes to Kharge, says delay in women’s quota law will deny justice to millions


What Happened

  • Union Minister for Parliamentary Affairs Kiren Rijiju wrote to Congress President Mallikarjun Kharge, urging him to support the implementation of the Constitution (106th Amendment) Act, 2023 — commonly known as the Women's Reservation Act or Nari Vandan Adhiniyam.
  • Rijiju argued that delay in operationalising the law denies justice to millions of women who are constitutionally entitled to 33% representation in the Lok Sabha and State Legislative Assemblies.
  • Kharge responded by questioning the government's "urgency" and demanding an all-party meeting after the ongoing round of state assembly elections (completing in April 2026).
  • Kharge alleged the government seeks to pass an important Constitutional Amendment — removing the current precondition of a fresh Census before delimitation — to derive political benefit ahead of upcoming Assembly elections.
  • The government is considering amending the Women's Reservation Act to use the 2011 Census data for delimitation rather than waiting for the new Census (which has been repeatedly delayed from its original 2021 schedule).

Static Topic Bridges

The Constitution (106th Amendment) Act, 2023 — Provisions and Passage

The Constitution (106th Amendment) Act, 2023, popularly known as the Nari Vandan Adhiniyam or Women's Reservation Act, is one of the most significant constitutional amendments in recent Indian legislative history. It provides for 33% reservation of seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly.

  • Introduced in Lok Sabha on September 19, 2023, during a special session of Parliament convened partly for this purpose.
  • Lok Sabha passed the bill on September 20, 2023: 454 votes in favour, 2 against.
  • Rajya Sabha passed unanimously on September 21, 2023: 214 votes in favour, 0 against.
  • President gave assent on September 28, 2023; gazette notification published the same day.
  • The reservation applies to Scheduled Castes and Scheduled Tribes women within the 33% quota (sub-reservation within the reserved seats).
  • The reservation is to continue for 15 years after it comes into force.
  • Critical implementation clause: The reservation will come into effect only after a fresh Census is conducted and new delimitation based on that Census is completed.

Connection to this news: The Rijiju-Kharge exchange centres on this implementation clause — whether the government can bypass the fresh Census requirement by using the 2011 Census for delimitation, thus fast-tracking operationalisation.

Delimitation: Concept, Constitutional Basis, and the Current Deadlock

Delimitation is the process of fixing the number of seats and drawing the boundaries of constituencies for Parliament and State Assemblies. In India, delimitation is conducted by a Delimitation Commission constituted under a Parliamentary Act, using the most recent Census data.

  • Constitutional basis: Articles 82 and 170 of the Constitution provide for delimitation of Parliamentary and Assembly constituencies respectively, after each Census.
  • The last full delimitation in India was conducted based on the 2001 Census; seat numbers have been frozen since then (until 2026 under the 84th Amendment, 2001).
  • The 2021 Census has not yet been conducted (delayed first due to COVID-19, then ongoing postponement) — meaning the "post-2023 Census" precondition in the Women's Reservation Act cannot be immediately fulfilled.
  • The government's proposed amendment would substitute the 2011 Census as the legal trigger, allowing delimitation and reservation to proceed without waiting for the new Census.
  • Critics argue that using 2011 data (now 15 years old) will be legally and politically problematic, especially given projected demographic shifts between South and North India.

Connection to this news: The political dispute is essentially about which Census to use for delimitation — a technically complex question with significant constitutional and political implications for the timing of women's reservation.

History of Women's Reservation in Indian Parliament

The demand for 33% reservation for women in Parliament has a long and contested legislative history stretching back to 1996, making the 2023 passage a historic breakthrough after nearly three decades of failed attempts.

  • Women's Reservation Bill was first introduced in Parliament in 1996 under the HD Deve Gowda government. It lapsed with the dissolution of that Lok Sabha.
  • Reintroduced in 1998, 1999, and 2008 — all attempts failed due to lack of political consensus, particularly over whether a sub-quota for OBC women should be included.
  • The Rajya Sabha passed a version of the bill in 2010 under the UPA government, but the Lok Sabha never took it up.
  • The 2023 passage is the first time both houses of Parliament passed the bill.
  • As of 2026, women hold approximately 14% of Lok Sabha seats (82 of 543) — one of the lower rates among major democracies.
  • Global context: Rwanda has the world's highest women's parliamentary representation at 61%; India ranks around 140th globally.

Connection to this news: The political deadlock over implementation reflects a pattern that has haunted this legislation for 30 years — cross-party consensus on the principle but persistent disagreement on operational details.

Key Facts & Data

  • Act: Constitution (106th Amendment) Act, 2023 / Nari Vandan Adhiniyam
  • Reservation quantum: 33% of seats in Lok Sabha + State Assemblies + Delhi Assembly
  • Duration: 15 years from the date the reservation comes into force
  • Lok Sabha vote: 454 for, 2 against (September 20, 2023)
  • Rajya Sabha vote: 214 for, 0 against (September 21, 2023)
  • Presidential assent: September 28, 2023
  • Implementation trigger: Fresh Census + delimitation based on that Census
  • Proposed government amendment: Use 2011 Census data for delimitation instead
  • Last delimitation: Based on 2001 Census
  • Women's current share of Lok Sabha seats: ~14% (82 of 543)
  • Women's Reservation Bill history: First introduced 1996; lapsed multiple times (1996, 1998, 1999, 2008); Rajya Sabha passed in 2010; finally enacted 2023
  • Constitutional articles on delimitation: Articles 82 (Lok Sabha) and 170 (State Assemblies)