Author Sneha ChauhanLaw and Research
Abstract
The Women’s Reservation Bill, formally known as the Constitution (106th Amendment) Act, 2023, proposes to reserve one-third of all seats in the Lok Sabha and state legislative assemblies for women. Touted as a landmark move for gender equality in political representation, the Bill revives a long-standing demand for empowering women in India’s democratic process. While its passage in Parliament was celebrated as a progressive step, its implementation timeline, contingent on the delimitation exercise post the 2026 census, raises critical questions. This article explores the socio-political context of the Bill, the road to its passage, challenges to implementation, and its broader implications on Indian politics and gender justice.
Introduction
The journey toward gender equality in Indian politics reached a significant milestone with the passage of the Women’s Reservation Bill in September 2023. Officially titled the Constitution (106th Amendment) Act, this legislation aims to reserve 33% of seats in the Lok Sabha and state assemblies for women, including those reserved for Scheduled Castes and Scheduled Tribes.
First introduced in 1996, the Bill faced multiple political and ideological roadblocks before finally receiving bipartisan support in 2023. While the passage is historic, the actual operationalization of the Bill is linked to the next delimitation exercise, likely post-2026. This conditional implementation has sparked debate over the government’s intent and the true efficacy of the law.
Historical Background of Women’s Political Representation
Since Independence, women’s participation in Indian politics has remained disproportionately low. The 73rd and 74th Constitutional Amendments (1992) mandated 33% reservation for women in Panchayati Raj Institutions, resulting in increased local-level representation. However, this empowerment did not translate to state and national politics. Efforts to introduce a similar reservation in legislative bodies began in 1996, with successive governments tabling the Bill in various forms. Despite multiple committee recommendations and widespread support among civil society, the lack of political will and fears of upsetting male-dominated vote banks stalled its progress.
Key Features of the 2023 Women’s Reservation Bill
The 106th Amendment introduced in Parliament includes the following core provisions:
33% reservation for women in the Lok Sabha and all state legislative assemblies.
Sub-reservation for SC and ST women within the one-third quota.
The reservation will come into effect only after delimitation based on the first census post-enactment (expected after 2026).The reservation will be applicable for a period of 15 years from the commencement, with scope for parliamentary review and extension.
The Implementation Challenge: Delimitation and Census Dependency
Although the Bill has been passed, its implementation hinges on delimitation, which involves redrawing the boundaries of electoral constituencies based on population data from the first census conducted after the Act is enacted. Since the 2021 census was postponed due to COVID-19, the next census is scheduled for 2026 or later, delaying the actual rollout of reservation benefits.
This has drawn criticism from political analysts and women’s rights groups, who view the delay as a political maneuver to defer empowerment. Many argue that the reservation could have been implemented using the existing constituency boundaries, as seen in the case of Scheduled Castes and Tribes.
Political Ramifications and Electoral Dynamics
The introduction of the Women’s Reservation Bill has wide-ranging implications for India’s political landscape:
Disruption of Traditional Power Structures: The inclusion of more women candidates may alter entrenched patriarchal power dynamics, especially in rural constituencies.
Candidate Selection and Party Politics: Political parties will be forced to scout, train, and promote more women leaders, potentially transforming internal party hierarchies.
Impact on Electoral Outcomes: Women’s perspectives on education, health, sanitation, and safety could reshape policy priorities and public discourse.
However, some critics argue that reservation without proper support mechanisms such as political training, funding access, and protection from tokenism may reduce the impact to symbolic representation.
The Debate Over OBC and Minority Women Representation
A key criticism of the Bill is the lack of sub-reservation for Other Backward Classes (OBCs) and religious minorities. Several political parties, including the RJD and SP, have voiced concerns that the Bill disproportionately benefits upper-caste urban women, thereby neglecting the most marginalized.
This has reignited the debate on intersectionality in affirmative action, with scholars calling for more inclusive models of representation that account for caste, class, and regional disparities among women.
Comparative Global Perspective
Globally, over 130 countries have implemented some form of political quota for women. Nations like Rwanda, Sweden, and Norway lead in gender parity in legislative bodies. India, despite being the world’s largest democracy, ranks low in this regard, with only about 14% representation in the Lok Sabha as of 2023. The successful implementation of the Women’s Reservation Bill could propel India up the ranks in global gender indices and serve as a model for inclusive democratic reform.
Constitutional and Judicial Outlook
Constitutionally, the Bill amends Articles 330A and 332A, ensuring that the reservation of seats for women becomes a binding obligation once the delimitation is conducted. The law’s sunset clause—15 years from commencement—ensures that periodic review is possible, keeping the reservation relevant and dynamic. From a judicial perspective, constitutional challenges may arise if the implementation delay is viewed as arbitrary or discriminatory. However, the clear parliamentary intent and procedural safeguards may shield the legislation from judicial invalidation.
Conclusion
The passage of the Women’s Reservation Bill marks a historic victory for gender justice in India. However, its true success will depend on timely and effective implementation, inclusive policies, and structural reforms within the political system. Beyond just numbers, what India needs is a political environment where women can exercise authority, influence policymaking, and shape the nation’s future. The Bill, if implemented with sincerity, can redefine Indian democracy by making it more representative, responsive, and inclusive. The challenge lies in ensuring that this opportunity is not lost in bureaucratic delays or political rhetoric.
FAQS
1. What is the Women’s Reservation Bill, 2023?
The Women’s Reservation Bill, officially known as the Constitution (106th Amendment) Act, 2023, mandates the reservation of 33% of seats for women in the Lok Sabha and state legislative assemblies, including within seats reserved for SCs and STs.
2. When will the Women’s Reservation Bill be implemented?
The Bill will be implemented after the next delimitation exercise, which will be conducted following the first census after the Act’s enactment. As the 2021 census was delayed, the implementation is expected post-2026.
3. Why is the implementation of the Bill delayed until after 2026?
The delay is due to the requirement of a delimitation process—redrawing constituency boundaries based on new population data. This can only happen after the census scheduled post-2026.
4. How long will the reservation for women last once implemented?
The reservation will be in effect for 15 years from the date of implementation, with a provision for periodic review and possible extension by Parliament.
5. Does the Bill provide reservation for OBC or minority women?
No, the current version of the Bill does not include a sub-quota for Other Backward Classes (OBCs) or religious minorities. This omission has drawn criticism from several political parties and rights groups.
