The Constitution (One Hundred and Sixth Amendment) Act, 2023, popularly known as the Women’s Reservation Act or Nari Shakti Vandan Adhiniyam, is a landmark constitutional reform aimed at strengthening women’s participation in Indian politics. The Act provides onethird reservation of seats for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. The amendment reflects India’s commitment towards achieving gender equality and inclusive democratic governance. Women have historically remained underrepresented in political institutions despite constituting nearly half of the population. The amendment seeks to overcome the patriarchal structure of politics and create opportunities for women to participate actively in legislative decision-making and governance.
The idea of reserving seats for women in legislatures has a long history in India. The Women’s Reservation Bill was first introduced in the Lok Sabha in 1996. However, the Bill faced repeated delays and political disagreements for many years. It was introduced again in 1998, 1999, and 2008, but lapsed several times due to the dissolution of the Lok Sabha before it could be passed. Although the Rajya Sabha approved the Bill in 2010, it again lapsed because the Lok Sabha dissolved before completing the legislative process. Finally, in 2023, the Bill received strong support from both Houses of Parliament and was passed as the Constitution (One Hundred and Sixth Amendment) Act, 2023. The passage of the Act was considered a historic moment in Indian constitutional and political history.
The amendment introduced important constitutional changes through the insertion of new provisions and amendments to existing Articles. Article 239AA was amended to provide reservation of seats for women in the Legislative Assembly of Delhi. It also ensured that onethird of the seats reserved for Scheduled Castes in the Delhi Assembly would be reserved for women belonging to Scheduled Castes. New Article 330A was inserted to provide reservation for women in the Lok Sabha. It states that one-third of the total seats to be filled by direct election in the House of the People shall be reserved for women, including one-third of the seats already reserved for Scheduled Castes and Scheduled Tribes. Similarly, Article 332A was inserted to provide one-third reservation for women in the Legislative Assemblies of every State, including reservation within SC and ST reserved seats.
Another important provision introduced through Article 334A deals with the implementation and duration of reservation. According to this provision, the reservation for women will come into effect only after the completion of the first census conducted after the commencement of the Act and the subsequent delimitation exercise. The reservation is intended to continue for fifteen years from the date of implementation, although Parliament has the power to extend it by law. The Act also provides for rotation of reserved seats after each delimitation exercise. This provision aims to ensure fair distribution of reserved constituencies across different regions over time.
The amendment is considered highly significant for Indian democracy and women empowerment. Political representation is an essential aspect of equality and democratic participation. By increasing the number of women in legislative bodies, the Act seeks to make governance more inclusive and representative. Women legislators can contribute to policymaking on issues such as education, healthcare, gender justice, employment, and social welfare. The amendment also challenges deeply rooted patriarchal attitudes that have historically limited women’s role in politics. Greater participation of women in governance can inspire social change and encourage more women to enter public life and leadership positions.
At the same time, the amendment has generated several debates and concerns. Some critics argue that reservation may conflict with the principle of equality and merit-based political competition. Others believe that reserving constituencies for women restricts the freedom of voters to choose candidates from the entire pool of contestants. There are also concerns that women do not form a homogeneous category because women from different socio-economic, caste, and regional backgrounds face different challenges. Therefore, some scholars argue that a uniform reservation policy may not adequately address these diversities. Another major concern is the possibility of proxy representation, where women representatives may act only as nominal leaders while actual political authority remains with male relatives, similar to the “Sarpanch Pati” phenomenon observed in local self-government institutions.
The delay in implementation has also attracted criticism because the reservation will become effective only after the census and delimitation process are completed. This means that immediate political benefits may not be visible in the upcoming elections. In addition, the Act does not provide reservation for women in the Rajya Sabha or State Legislative Councils, limiting the scope of representation only to directly elected lower houses. Despite these concerns, the amendment is widely viewed as a progressive and transformative step toward ensuring gender justice and political empowerment of women in India.
The Constitution (One Hundred and Sixth Amendment) Act, 2023 represents an important constitutional effort to strengthen democracy through inclusive representation. It recognizes that equal participation of women in governance is essential for achieving social justice and balanced development. Although challenges related to implementation and effective participation remain, the amendment has the potential to transform the political landscape of India by creating greater opportunities for women in legislative institutions. If implemented effectively, the Act can contribute significantly to women empowerment, democratic accountability, and the development of a more equitable society
