What Happened
- The Constitution (106th Amendment) Act, 2023 — popularly known as the Nari Shakti Vandan Adhiniyam — was brought into force through an official gazette notification, giving constitutional status to 33% reservation for women in the Lok Sabha, state legislative assemblies, and the Delhi Assembly.
- The notification was issued amid an active parliamentary session where three new bills — the Constitution (131st Amendment) Bill, 2026, the Delimitation Bill, 2026, and the Union Territories Laws (Amendment) Bill, 2026 — were introduced to operationalise the reservation without waiting for a fresh census.
- The timing of the notification is politically contested: the Act was notified even as Parliament was debating amendments to the very same law, prompting the opposition to describe the move as "absolutely bizarre."
- The original 106th Amendment conditions implementation on the completion of a census and subsequent delimitation; the new 131st Amendment proposes to trigger implementation based on the 2011 census data instead.
Static Topic Bridges
The 106th Constitutional Amendment Act, 2023 (Nari Shakti Vandan Adhiniyam)
The Act inserts Articles 330A, 332A, and 334A into the Constitution. Article 330A reserves one-third of the directly elected seats in the Lok Sabha for women (including within SC/ST reserved seats). Article 332A provides an equivalent reservation in every state legislative assembly and the Delhi Assembly. Article 334A specifies that reservation will come into force only after the relevant census and the subsequent delimitation exercise, and will apply for a period of 15 years from commencement (subject to extension by Parliament).
- Passed in Lok Sabha on 20 September 2023 with 454 votes in favour and only 2 against
- Passed in Rajya Sabha on 21 September 2023 with 214 votes in favour and none against
- Received Presidential assent on 28 September 2023
- Implementation conditioned on: (i) completion of the relevant census; (ii) delimitation based on that census
Connection to this news: The gazette notification formally "commences" the Act, but actual seat reservation cannot take effect until delimitation is completed — which is now sought to be based on 2011 census data under the proposed 131st Amendment.
The Delimitation–Census Linkage as an Implementation Barrier
Under Article 334A (as inserted by the 106th Amendment), women's reservation cannot be operationalised until after "the relevant figures for the first census taken after the commencement" of the Act are published and a delimitation exercise is conducted on that basis. This means the reservation is enacted in law but dormant in practice. The government's solution — via the 131st Amendment — is to substitute the 2011 census data for the "first census" so that delimitation can proceed immediately, unlocking women's reservation without waiting for Census 2027.
- Census 2021 has been postponed since COVID-19; the next census is now expected in 2026–27
- Using 2011 census data for delimitation is a legal workaround debated for its democratic legitimacy
- Delimitation will also expand Lok Sabha from 550 to 850 seats under the 131st Amendment
Connection to this news: The gazette notification makes the 106th Amendment operative in law; its practical effect depends entirely on whether the 131st Amendment and the Delimitation Bill, 2026 are also enacted.
Historical Background: Repeated Legislative Failures (1996–2023)
The women's reservation demand has one of the longest parliamentary histories of any constitutional amendment. The bill was first introduced in 1996 under the Deve Gowda government and lapsed with Lok Sabha dissolution. It was reintroduced under the Vajpayee government in 1998 and 1999 — on one occasion, a member of the Rashtriya Janata Dal physically tore up the bill on the floor of the House. The Congress-led UPA reintroduced it in 2008; the Rajya Sabha passed it in 2010, but it lapsed when Lok Sabha was not placed on the agenda. After 27 years of failure, the Modi government passed it in a special session in September 2023.
- Introduction attempts: 1996, 1997, 1998 (twice), 1999 (torn in House), 2001, 2002, 2003, 2008, 2010 (RS only)
- Consistent opposition from parties demanding an OBC sub-quota within the 33% reservation
- 17th Lok Sabha (2019–24) had only 14.4% women MPs; 18th Lok Sabha (2024) declined to 13.6%
Connection to this news: The gazette notification represents a formal legal milestone in a 27-year campaign, even as its operational implementation remains contingent on further legislation.
OBC Sub-Quota Demand and Constitutional Barriers
A persistent political demand is that within the 33% reservation for women, a sub-quota must be carved out for OBC women. The constitutional obstacle is that reservations cannot be created on the basis of religion (precluding a Muslim-women sub-quota) under Articles 15(1) and 16(2). An OBC sub-quota for women would require either an amendment to the 106th Amendment or a separate constitutional provision; the current Act contains no such sub-quota.
- Article 15(3) permits special provisions for women and children, grounding the 33% quota's validity
- Religion-based reservation is constitutionally barred — Indra Sawhney v. Union of India (1992) affirmed this
- OBC sub-quota demand is politically significant since OBC women constitute a large share of the population
Connection to this news: The gazette notification operationalises the quota without an OBC sub-quota, keeping a live political controversy unresolved.
Key Facts & Data
- 106th Amendment inserts Articles 330A, 332A, and 334A into the Constitution of India
- Lok Sabha vote: 454–2; Rajya Sabha vote: 214–0 (September 2023)
- 33% reservation applies to Lok Sabha, all state legislative assemblies, and Delhi Assembly
- Reservation is also carved within existing SC/ST reserved seats (i.e., one-third of SC/ST seats will go to SC/ST women)
- Duration: 15 years from the date of commencement (extendable by Parliament)
- Rotation of reserved seats across constituencies will occur after each delimitation
- Women currently constitute only 13.6% of Lok Sabha (74 of 543 seats, 2024 elections)
- Global average for women's parliamentary representation is 27.6%; India ranks far below
- 131st Amendment (2026) proposes to expand Lok Sabha from 550 to 850 seats and use 2011 census for delimitation