Women’s Reservation Act (106th Constitutional Amendment) – Implementation Challenges and Current Progress

Introduction

The underrepresentation of women in Indian politics has been a long-standing issue. To address this, the 106th Constitutional Amendment Act, 2023 was passed to provide 33% reservation for women in the Lok Sabha and State Legislative Assemblies. This law is known as the “Nari Shakti Vandan Adhiniyam”.

1. Key Features of the Act

The Act provides 33% reservation for women in the Lok Sabha and State Assemblies. It also includes separate reservation for SC/ST women. However, the implementation will take place only after Census (population enumeration) and Delimitation (constituency reorganization). This is considered an extension of Articles 330 and 332 of the Constitution.

2. Implementation Challenges

(a) Census and Delimitation Condition: The Act states that it can be implemented only after new Census and Delimitation, which may lead to delays up to the 2034 elections.

(b) Proposal based on 2011 Census: The Central Government is considering delimitation based on the 2011 Census, increasing seats from 543 to 816, with 272 seats reserved for women. This could enable faster implementation.

(c) Need for Another Constitutional Amendment: To modify and speed up implementation, a new Constitutional Amendment may be required, which depends on political consensus.

3. Political Consultations and Reactions

The government is holding consultations with various political parties. Major suggestions include implementing the reservation from the 2029 elections and increasing the number of constituencies.

4. Key Criticisms

(a) No reservation for OBC women: Around 40% of women belong to OBC communities, yet they are not given separate reservation, raising concerns about social justice.

(b) No reservation in Rajya Sabha / Legislative Councils: The Act applies only to Lok Sabha and State Assemblies, excluding upper houses.

(c) Delayed implementation: Even after passing the law, there is no immediate benefit, leading to criticism that “Delayed justice is denied justice”.

5. Delimitation – Background

India has had four Delimitation Commissions, with the last one in 2002, which took six years to complete. It mainly involved boundary changes without increasing seats. This indicates that completing a new delimitation before 2029 is challenging.

6. Government Strategy

The approach is to avoid reducing existing seats of men, create additional seats, and allocate them to women. This is seen as a “political balancing approach”.

Static Linkage (Syllabus Connection)

This topic is directly related to Indian Constitution – Amendments, Women Empowerment, Elections and Representation, and Social Justice. It is an important part of TNPSC & UPSC Polity syllabus.

Conclusion / Way Forward

The Women’s Reservation Act is a significant step toward inclusive democracy in India. However, issues such as immediate implementation, reservation for OBC women, and extension to all legislative bodies must be addressed. Ensuring timely execution will lead to true women empowerment.