Article 332A was inserted into the Constitution by the Constitution (One Hundred and Sixth Amendment) Act, 2023, also known as the Nari Shakti Vandan Adhiniyam.
It provides for reservation of seats for women in State Legislative Assemblies. It also applies to the Legislative Assembly of the National Capital Territory of Delhi through related amendment provisions.
Core Provision
Article 332A creates a constitutional framework for women’s reservation in State Assemblies.
It provides that:
- One-third of the seats reserved for Scheduled Castes and Scheduled Tribes in every State Legislative Assembly shall be reserved for women belonging to SC/ST categories.
- As nearly as may be, one-third of the total seats to be filled by direct election in every State Legislative Assembly shall be reserved for women.
This means women’s reservation will apply both in general seats and within existing SC/ST reserved seats.
Link with Article 332
Article 332 already provides reservation of seats for Scheduled Castes and Scheduled Tribes in State Legislative Assemblies.
Article 332A adds a gender-reservation layer to the Assembly system.
| Article | Subject |
| Article 332 | Reservation of seats for SCs and STs in State Assemblies |
| Article 332A | Reservation of seats for women in State Assemblies |
| Article 330A | Reservation of seats for women in Lok Sabha |
| Article 334A | Commencement, duration and rotation of women’s reservation |
Extent of Reservation
The reservation is one-third, or roughly 33%, of directly elected seats in the State Legislative Assembly.
The phrase “as nearly as may be” is important because the number of Assembly seats may not divide exactly into one-third. Therefore, the Constitution allows practical adjustment while keeping the broad one-third principle intact.
Reservation Within SC/ST Seats
Article 332A also provides that within the Assembly seats already reserved for SCs and STs, one-third shall be reserved for women from those categories.
For example, if a State Assembly has seats reserved for Scheduled Tribes, then one-third of those ST-reserved seats will be reserved for ST women.
This ensures that women’s reservation does not operate only in general constituencies, but also includes women from constitutionally protected communities.
When Will It Apply?
Article 332A does not become operational immediately on its own.
Its implementation is governed by Article 334A.
Article 334A says women’s reservation will come into effect only after delimitation is undertaken on the basis of the first census conducted after the commencement of the 106th Amendment Act.
So, the sequence is:
- the 106th Amendment comes into force
- the first census after that is conducted
- delimitation is carried out based on that census
- women’s reservation is implemented in Lok Sabha and State Assemblies
This is why the provision has been politically debated. The constitutional framework exists, but actual implementation depends on the census-delimitation process.
Duration
Under Article 334A, women’s reservation will continue for 15 years from the date of commencement.
However, Parliament may extend it further through a future constitutional amendment or law, depending on political and constitutional requirements.
Rotation of Seats
Seats reserved for women under Article 332A will be rotated after each delimitation exercise.
This means the same Assembly constituencies will not necessarily remain reserved for women permanently.
Rotation is meant to prevent permanent reservation of only selected constituencies. However, it can also create a challenge for women representatives because they may find it difficult to build a long-term political base in one constituency if the reserved seat changes after delimitation.
Significance
Article 332A is important because women’s representation in State Assemblies has historically remained low.
State Assemblies are crucial because many important governance areas are handled at the state level, including health, police, agriculture, land, local government, public order, education implementation and welfare delivery.
Article 332A can help improve:
- women’s representation in state-level politics
- gender balance in law-making
- participation of women in local governance issues
- representation of SC/ST women in Assemblies
- policy attention to issues such as health, safety, education, welfare and livelihoods
India already has women’s reservation in Panchayats and Municipalities through the 73rd and 74th Constitutional Amendments. Article 332A extends the idea to State Legislatures.
Concerns
The biggest concern is delayed implementation because women’s reservation is linked with future census and delimitation.
Another concern is the absence of a separate constitutional sub-quota for OBC women. Article 332A provides reservation within SC/ST reserved seats, but it does not create a separate category for OBC women.
There is also concern that rotation of seats may weaken constituency continuity. If a seat is reserved only for one delimitation cycle, women legislators may have less opportunity to nurture the same constituency over multiple elections.
