106th Constitutional Amendment Act, Provisions, Implementation

The 106th Constitutional Amendment Act, 2023, popularly called the Women Reservation Act 2023 or Nari Shakti Vandan Adhiniyam, provides for the reservation of one-third of seats for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. It seeks to strengthen women’s representation in legislative bodies and promote greater gender participation in law-making.

The reservation is linked to a future delimitation exercise following the publication of the first Census conducted after the Amendment. The Act therefore represents a significant constitutional step towards political representation of women, while its timing and implementation have also raised concerns regarding the delay before the reservation becomes operational.

106th Constitutional Amendment Act Background

The 106th Constitutional Amendment Act, 2023, also known as the Nari Shakti Vandan Adhiniyam, emerged from the need to increase women’s representation in legislative institutions.

• Earlier Representation: Women’s representation in legislatures remained comparatively limited despite their substantial participation in local governance.
• Constitutional Precedent: The 73rd and 74th Amendments (1992) introduced a one-third reservation for women in Panchayati Raj Institutions and Municipalities, providing a precedent for political representation.
• Legislative Initiative: The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, was introduced during the Special Session of Parliament in September 2023.
• Parliamentary Approval: The Bill was passed by the Lok Sabha on 20 September 2023 and by the Rajya Sabha on 21 September 2023. The President gave assent on 28 September 2023, creating the 106th Constitutional Amendment Act, 2023.

Women Reservation Act 2023

The Women Reservation Act 2023 is formally known as the Constitution (One Hundred and Sixth Amendment) Act, 2023. It is also popularly called the Nari Shakti Vandan Adhiniyam.

• The Act provides for a constitutional guarantee of women’s reservation in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.
• The reservation will cover one-third of seats filled through direct election. It will also include one-third of seats reserved for Scheduled Castes and Scheduled Tribes.

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106th Constitutional Amendment Act Objectives

The Amendment was primarily aimed at addressing the under-representation of women in legislative institutions and creating a stronger basis for their participation in political decision-making.

• Greater Political Participation: To increase women’s presence in representative institutions and encourage their active role in democratic governance.
• Women’s Empowerment: To strengthen the political voice of women and enable greater participation in the process of law-making and public policy.
• Inclusive Democracy: To make legislative institutions more representative of the gender composition of Indian society.
• Gender Equality: To advance the constitutional goal of equality by addressing the historical under-representation of women in political institutions.

106th Constitutional Amendment Act Provisions

The 106th Constitutional Amendment Act, 2023, introduced specific constitutional provisions to provide a one-third reservation for women in the Lok Sabha, State Legislative Assemblies and the Delhi Legislative Assembly.

• Women’s Reservation: The Act requires that, as nearly as possible, one-third of the total seats filled by direct election in the Lok Sabha and State Legislative Assemblies must be reserved for women.
  • The one-third reservation includes seats reserved for women from SC and ST communities.
• SC/ST Women’s Reservation: The Constitution already reserves seats in the Lok Sabha and State Assemblies for Scheduled Castes and Scheduled Tribes. The 106th Amendment provides that, as nearly as possible, one-third of SC-reserved and ST-reserved seats must be reserved for women belonging to these communities.
• Delimitation-Based Implementation: Introduced a mechanism under which the reservation will come into effect after a delimitation exercise undertaken following the publication of the first census conducted after commencement of the Amendment.
• Rotation of Reserved Seats: The Act provides that reserved seats for women will be rotated after each subsequent delimitation exercise, as Parliament may determine by law.
  • Seat rotation aims to distribute reservation benefits across different constituencies over time. However, frequent rotation may also create uncertainty for elected representatives and voters.
• Time-Limited Reservation: The reservation is intended to operate for 15 years from the commencement of the relevant constitutional provisions. Parliament may extend this period through another constitutional amendment if it considers continuation necessary.

106th Constitutional Amendment Act New Constitutional Articles Inserted

The 106th Constitutional Amendment Act, 2023, introduced new constitutional provisions to establish a one-third reservation for women in the Lok Sabha and State Legislative Assemblies, subject to the Census and delimitation process.

• Article 330A – Lok Sabha: It introduced a one-third reservation for women in the Lok Sabha, including one-third of the seats reserved for SCs and STs.
• Article 332A – State Legislative Assemblies: The Amendment introduced a one-third reservation for women in every State Legislative Assembly, including one-third of the SC/ST reserved seats.
• Article 334A – Implementation and Duration: It also introduced the operational framework for women’s reservation, linking its implementation to the Census and subsequent delimitation, while providing for 15 years of reservation from its commencement.
• Article 239AA – Delhi Assembly: The Amendment also modified Article 239AA to extend one-third reservation for women to the Legislative Assembly of the National Capital Territory of Delhi, including within SC-reserved seats.

106th Constitutional Amendment Act Implementation and Timeline

The One Hundred and Sixth Amendment to the Indian Constitution was formally notified and went into effect on April 16, 2026, while its practical seat allocation implementation is still dependent on the next census and delimitation procedure.

• First Census after the Amendment: It introduced a requirement that the first Census conducted after commencement of the Amendment must be completed and its relevant figures published before the reservation can become operational.
• Delimitation Exercise: After publication of the relevant Census figures, a delimitation exercise is required to identify and reserve one-third of the seats for women. Thus, Census → Delimitation → Implementation is the constitutional sequence.
• 2027 Census: As of 2026, the next Census has a reference date of 1 March 2027. The 2026 legislative proposals noted that the 106th Amendment's reservation framework was linked to the first Census after its commencement.
• 2029 Lok Sabha Election: Under the existing 106th Amendment framework, the reservation is not automatically applicable to the 2029 Lok Sabha election; its applicability depends on completion of the constitutionally required Census and subsequent delimitation.

106th Constitutional Amendment Act Significance

The 106th Amendment is significant for strengthening women’s participation in legislative decision-making and addressing their historically limited representation in elected bodies.

• Greater Political Representation: Reservation can increase women’s presence in the Lok Sabha and State Legislative Assemblies, making legislative institutions more inclusive.
• Inclusive Lawmaking: More women legislators can bring greater attention to issues such as public health, nutrition, education, gender-based violence, sanitation, childcare, safety, livelihoods, and access to public services.
• Women’s Empowerment: Greater representation in decision-making bodies can strengthen women’s political participation and provide opportunities for them to assume leadership roles.
• Labour Force Participation: The article identifies the potential for increased political representation to contribute to policies and conditions that support women’s participation in the workforce.
• Safer Public Spaces: Greater participation of women in legislative institutions can help bring stronger attention to women’s safety and gender-specific concerns in public policy.

106th Constitutional Amendment Act Criticism

The Amendment marks a major change in women’s political representation, but its implementation mechanism, timing, and design have raised several concerns.

• Delayed Implementation: Reservation is linked to the first Census conducted after the commencement of the Amendment and the subsequent delimitation exercise, meaning the constitutional provision does not automatically translate into immediate reservation.
• Time-bound Reservation: Article 334A provides for reservation for 15 years from its commencement, raising questions about its continuation after this period and the basis for deciding its extension.
• Representation in Rajya Sabha: The Amendment covers the Lok Sabha and State Legislative Assemblies, but does not provide similar reservation in the Rajya Sabha and State Legislative Councils, leaving women’s representation in these chambers outside its framework.
• Small-State Representation: The “one-out-of-three” formula can create practical difficulties for States and Union Territories that elect fewer than three members to the Lok Sabha, as allocating one-third of seats becomes difficult.
• Intersectional Representation: Although one-third of SC/ST-reserved seats are also reserved for women from these categories, the framework does not create a separate quota for OBC women, leading to demands for broader representation.

106th Constitutional Amendment Act Way Forward

The effective implementation of the Amendment requires timely institutional processes along with measures that ensure meaningful and substantive participation of women in legislative politics.

• Timely Implementation: Complete the required Census and delimitation processes in a transparent and timely manner so that the reservation becomes operational without avoidable delays.
• Broader Representation: Consider ways to improve representation of women from diverse social and economic backgrounds, including addressing concerns regarding OBC women.
• Institutional Support: Strengthen mechanisms such as parliamentary committees, research assistance, and legislative training to enable women representatives to participate effectively in law-making.
• Continuity and Accountability: Design the rotation of reserved constituencies carefully so that it does not undermine long-term constituency development and accountability.

106th Constitutional Amendment Act UPSC PYQs

Q1: “The 106th Constitutional Amendment Act marks a significant step towards enhancing women’s political representation in India.” Examine its key provisions and critically analyse the challenges associated with its implementation. (UPSC Mains 2026).