India has taken a monumental step toward achieving gender equality in its democratic institutions with the passage of the 106th Amendment Act of 2023, commonly known as the Women’s Reservation Act. This groundbreaking constitutional amendment marks a historic achievement in the country’s ongoing journey toward inclusive governance.
A Long-Awaited Constitutional Reform
The 106th Amendment Act represents the culmination of decades of advocacy and political struggle for women’s equal representation in India’s legislative bodies. This landmark legislation reserves one-third of all seats for women across key democratic institutions, fundamentally transforming the landscape of Indian politics.
Comprehensive Coverage Across Legislative Bodies
The amendment’s scope is extensive and inclusive, covering:
Lok Sabha (House of the People)
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One-third of all seats reserved exclusively for women candidates
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Ensures proportional representation at the national level
State Legislative Assemblies
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Equal one-third reservation across all state assemblies
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Creates uniform standards for women’s participation nationwide
Delhi Legislative Assembly
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Specific inclusion of the National Capital Territory
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Recognizes Delhi’s unique constitutional status
Reserved Category Integration
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Women’s reservation extends to seats already reserved for Scheduled Castes and Scheduled Tribes
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Ensures intersectional representation for marginalized communities
Constitutional Framework and Implementation
The 106th Amendment follows India’s established constitutional amendment procedure under Article 368. This process requires either a special majority of Parliament or additional state ratification, depending on the specific provisions being modified. The amendment demonstrates the Constitution’s flexibility as a “living document” capable of evolving with societal needs.
The 106th Constitutional Amendment Act will not come into immediate effect despite being passed in September 2023. The implementation is tied to specific procedural requirements that create a delayed timeline.
The 106th Constitutional Amendment Act will not come into immediate effect despite being passed in September 2023. The implementation is tied to specific procedural requirements that create a delayed timeline.
Implementation Prerequisites
Census Requirement: The amendment will come into force only after the first census conducted following the Act’s commencement. Since the Act was passed in September 2023, this refers to the next decennial census after that date.
Delimitation Exercise: Following the census, a delimitation exercise must be carried out to redraw constituency boundaries before the women’s reservation can be implemented.
Census Requirement: The amendment will come into force only after the first census conducted following the Act’s commencement. Since the Act was passed in September 2023, this refers to the next decennial census after that date.
Delimitation Exercise: Following the census, a delimitation exercise must be carried out to redraw constituency boundaries before the women’s reservation can be implemented.
Expected Timeline
Predicted Implementation: Experts predict the amendment may not be implemented in time for the 2029 Lok Sabha elections. The actual implementation is tied to the completion of both the decennial census and subsequent delimitation of seats, creating uncertain timelines.
Official Projection: Some sources suggest the Act is supposed to be implemented by 2029 after the first post-amendment census and delimitation exercise are completed.
Predicted Implementation: Experts predict the amendment may not be implemented in time for the 2029 Lok Sabha elections. The actual implementation is tied to the completion of both the decennial census and subsequent delimitation of seats, creating uncertain timelines.
Official Projection: Some sources suggest the Act is supposed to be implemented by 2029 after the first post-amendment census and delimitation exercise are completed.
Current Status Protection
Existing Representation: The amendment will not affect any representation in the Lok Sabha, State Legislative Assemblies, or Delhi Legislative Assembly until the dissolution of the houses existing at the time of the Act’s commencement. This means current elected representatives will serve their full terms without being affected by the new reservation requirements.
Existing Representation: The amendment will not affect any representation in the Lok Sabha, State Legislative Assemblies, or Delhi Legislative Assembly until the dissolution of the houses existing at the time of the Act’s commencement. This means current elected representatives will serve their full terms without being affected by the new reservation requirements.
Duration and Rotation
15-Year Period: Once implemented, the reservation will remain in effect for 15 years from commencement, with the possibility of extension through parliamentary action.
Seat Rotation: The rotation of reserved seats for women will be governed by parliamentary legislation after each delimitation process.
The delayed implementation reflects the complex administrative processes required to reorganize electoral constituencies while ensuring the amendment’s effectiveness once it becomes operational.
15-Year Period: Once implemented, the reservation will remain in effect for 15 years from commencement, with the possibility of extension through parliamentary action.
Seat Rotation: The rotation of reserved seats for women will be governed by parliamentary legislation after each delimitation process.
The delayed implementation reflects the complex administrative processes required to reorganize electoral constituencies while ensuring the amendment’s effectiveness once it becomes operational.