Women’s Reservation Act and Delimitation – Explained

Women’s Reservation Latest News

• The government is considering implementing the Women’s Reservation Act through delimitation based on the 2011 Census to fast-track its rollout. 

Women’s Reservation Act

• The Women’s Reservation Act, officially known as the Constitution (106th Amendment) Act, 2023, aims to provide 33% reservation for women in the Lok Sabha and State Legislative Assemblies.
• Key Features
  • Reserves one-third of seats for women in Parliament and State Assemblies. 
  • Includes reservation within the Scheduled Castes (SC) and Scheduled Tribes (ST) quotas. 
  • Reservation is expected to be implemented after delimitation based on Census data. 
• Significance
  • The Act is a major step toward enhancing women’s political participation and representation in governance.
  • It aims to address historical underrepresentation and promote inclusive policymaking.

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Delimitation and Its Role

• Delimitation refers to the process of redrawing the boundaries of electoral constituencies based on population data.
• It is conducted under Article 82 (for Parliament) and Article 170 (for State Assemblies). 
• The objective is to ensure equal representation by adjusting seats according to population changes. 
• Under the existing framework, delimitation is to be carried out after the first Census conducted post-2026.
• This requirement has delayed the implementation of the Women’s Reservation Act.

Issues with Current Framework

• The linkage between the Census and delimitation has created delays.
  • The 2021 Census has been delayed, pushing the timeline further. 
  • As a result, the implementation of women’s reservation could be postponed beyond 2030. 
• This has led to policy discussions on alternative mechanisms to expedite implementation.

News Summary

• The government is exploring a proposal to delink the Women’s Reservation Act from the ongoing Census and delimitation process and implement it earlier.
• Increase in Lok Sabha Seats
  • The number of Lok Sabha seats may increase from 543 to 816. 
  • Out of these, 273 seats could be reserved for women. 
  • This expansion may involve a 50% increase in seats across states, while maintaining the current proportion of representation. 
• Maintaining Federal Balance
  • To address concerns of southern states, the proposal suggests:
  • Keeping the proportion of seats across states unchanged. 
  • Avoiding the penalisation of states that have controlled population growth. 
  • This ensures political balance and reduces regional opposition.
• Legislative and Constitutional Changes
  • Implementation would require amendments to key provisions, i.e. Article 81 (Lok Sabha composition) and Article 170 (State Assemblies composition). 
  • These constitutional caps currently limit the number of seats, necessitating amendments. 
• Possible Implementation Mechanism
  • A lottery system may be used to determine reserved constituencies. 
  • Every third seat is likely to be reserved for women. 
  • However, clarity is still awaited on whether the reservation will be rotational.

Implications of the Proposal

• Faster Implementation
  • Using 2011 Census data can enable implementation before the 2029 Lok Sabha elections.
• Political Impact
  • An increase in seats may alter electoral dynamics. 
  • Larger states like Uttar Pradesh could see significant seat increases. 
• Federal Concerns
  • Balancing representation without disadvantaging certain states is a critical challenge.
• Administrative Challenges
  • Delimitation and seat expansion require extensive administrative and legal processes.

Source: TH | IE