106th Constitutional Amendment Act, 2023

Introduction

The 106th Constitutional Amendment Act, 2023 is the constitutional law that provides reservation for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. It is popularly known as the Women’s Reservation Act, 2023 and also as the Nari Shakti Vandan Adhiniyam. It came into force after receiving Presidential assent on 28 September 2023.

The Act provides that, as nearly as may be, one-third of the total number of seats to be filled by direct election in the Lok Sabha and in every State Legislative Assembly shall be reserved for women. It also extends this reservation to the Legislative Assembly of the National Capital Territory of Delhi.

The law was introduced in Parliament as the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023. After passage and assent, it became the Constitution (One Hundred and Sixth Amendment) Act, 2023.

Reservation within SC and ST seats

The Act also provides that one-third of the seats already reserved for Scheduled Castes and Scheduled Tribes in the Lok Sabha and State Legislative Assemblies shall be reserved for women belonging to those categories.

Constitutional provisions inserted

The amendment inserted new constitutional provisions, especially:

• Article 330A for reservation of seats for women in the House of the People
• Article 332A for reservation of seats for women in the Legislative Assemblies of States
• Article 239AA amendment to extend the framework to the Delhi Legislative Assembly
• Article 334A to provide when the reservation will take effect and how long it will continue

Duration of reservation

The reservation is to continue for 15 years from the date on which the relevant reservation provisions come into effect. However, Parliament may extend it further by law.

Rotation of seats

The reserved seats for women are to be rotated after each delimitation exercise.

When it will be implemented

This is the most important practical point. The reservation does not apply immediately. It will come into effect only after:

• the first Census conducted after the commencement of the Act is published
• a delimitation exercise is carried out on the basis of that Census

Major criticism

The biggest criticism of the Act is that it does not provide immediate reservation. Since implementation depends on a future Census and delimitation, critics argue that the actual benefit may be delayed. Another criticism raised in political debate is the absence of a separate quota for OBC women within the reserved seats.

Conclusion

Although the Act has been passed and is in force as a constitutional amendment, the reservation has not yet been implemented in actual elections because the required Census and delimitation exercise have not yet taken place.

The 106th Constitutional Amendment Act, 2023 is a landmark constitutional reform aimed at enhancing women’s representation in legislatures. However, its actual political effect will depend on when the next Census is held and when delimitation is completed.