The 106th Constitutional Amendment Act, 2023
The Constitution (One Hundred and Sixth Amendment) Act, 2023 — officially known as the Women’s Reservation Act, 2023 — marks one of the most significant constitutional reforms in India’s democratic journey. The amendment reserves one-third (33%) of all seats in the Lok Sabha and in every State Legislative Assembly for women. It also extends the same reservation to the Legislative Assembly of the National Capital Territory of Delhi.
This historic change was enacted to address the long-standing issue of gender imbalance in Indian politics. Although women form nearly half of India’s population, their representation in Parliament and State Legislatures remained limited — typically ranging between 10% and 15%. With the 106th Amendment, India took a decisive constitutional step toward promoting gender equality in political representation.
However, the law also includes a unique implementation clause: it will come into effect only after the completion of the next delimitation exercise based on the first census conducted after its commencement. Furthermore, the reservation will cease after 15 years, unless extended by Parliament.
Let’s explore in detail what this amendment means, its background, key features, debates, impact, and challenges.
106th Constitutional Amendment Act, 2023
The 106th Constitutional Amendment Act, 2023, officially known as The Constitution (One Hundred and Sixth Amendment) Act, 2023, is a landmark legislation of India that provides 33% reservation for women in the Lok Sabha (House of the People), State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. Popularly called the Women’s Reservation Act, 2023 or Nari Shakti Vandan Adhiniyam, this amendment aims to promote gender equality in political representation by ensuring that one-third of the total seats in these legislatures are reserved for women.
The Act inserts Articles 330A, 332A, and 334A into the Constitution and amends Article 239AA to extend the reservation to the Delhi Assembly. However, the reservation will come into effect only after the completion of the next census and subsequent delimitation process, and it will remain in force for 15 years from the date of implementation, unless extended by Parliament.
In essence, the 106th Constitutional Amendment Act, 2023 represents a historic step towards inclusive democracy, empowering women to participate equally in law-making and governance, and fulfilling the constitutional vision of equality, justice, and representation for all citizens.
Overview of the 106th Constitutional Amendment Act, 2023
The 106th Amendment Act, 2023, was introduced as the Nari Shakti Vandan Adhiniyam during the Special Session of Parliament in September 2023. It was passed with overwhelming support in both Houses.
| Feature | Highlights of the 106th Constitutional Amendment Act, 2023 |
|---|---|
| Official Name | The Constitution (One Hundred and Sixth Amendment) Act, 2023 |
| Popular Name | Women’s Reservation Act, 2023 or Nari Shakti Vandan Adhiniyam |
| Date of Introduction | 19 September 2023 (Special Session of Parliament) |
| Lok Sabha Approval | 20 September 2023 (Passed with 454 votes in favor) |
| Rajya Sabha Approval | 21 September 2023 (Passed unanimously) |
| Presidential Assent | 28 September 2023 |
| Main Objective | To reserve one-third (33%) of seats for women in Lok Sabha, State Legislative Assemblies, and Delhi Assembly |
| Key Articles Added / Amended | Articles 330A, 332A, 334A inserted; Article 239AA amended |
| Reservation Percentage | 33% of total seats in Lok Sabha, State Assemblies, and Delhi Assembly reserved for women |
| SC/ST Sub-Reservation | One-third of the seats reserved for SCs and STs will be reserved for women belonging to those communities |
| Implementation Condition | To come into effect after completion of the next census and subsequent delimitation process |
| Duration of Reservation | 15 years from the date it comes into operation (can be extended by Parliament) |
| Rotation of Reserved Seats | Reserved constituencies for women to rotate after each delimitation as Parliament may determine |
| Applicability | Applies to Lok Sabha, all State Legislative Assemblies, and the Delhi Legislative Assembly |
| Not Applicable To | Rajya Sabha (Upper House) and State Legislative Councils |
| Expected Implementation Year | Likely after next delimitation — possibly around or after the 2029 General Elections |
| Purpose | To promote gender equality, enhance women’s participation in governance, and strengthen democratic representation |
| Constitutional Significance | Empowers women politically, upholds principles of equality and social justice under the Constitution |
This Act introduced four major constitutional changes through new Articles 330A, 332A, 334A, and amendments to Article 239AA.
Background and Need for the Amendment
The 106th Constitutional Amendment Act, 2023, popularly known as the Women’s Reservation Act, 2023, did not emerge overnight. It is the result of nearly three decades of debate, social demand, and political deliberation on how to ensure fair representation of women in India’s legislative institutions. To understand the significance of this historic reform, it is essential to explore the social, political, and constitutional background that led to its introduction.
Women in Politics
Since the first general elections in 1952, India has prided itself on being the world’s largest democracy. However, women’s participation in political decision-making has remained disproportionately low.
-
In the first Lok Sabha (1952), there were only 22 women out of 489 members (around 4.5%).
-
In 2019, during the 17th Lok Sabha, this figure increased to 78 women out of 543 seats — approximately 14.3%.
-
In many State Legislative Assemblies, women’s representation still remains below 10%.
This long-standing gender gap highlighted a critical flaw in India’s representative democracy — while women actively voted and participated in public life, they remained vastly underrepresented in legislative institutions.
Panchayati Raj Reforms
The movement for women’s political empowerment received a significant boost with the 73rd and 74th Constitutional Amendments (1992–1993).
These amendments introduced one-third reservation for women in Panchayati Raj Institutions (rural local bodies) and Urban Local Bodies (Municipalities).
The results were transformative:
-
Millions of women entered local governance as Sarpanchs, Panchayat members, and Councillors.
-
Local governance began reflecting community and family issues more closely.
-
The presence of women led to improved focus on education, sanitation, health, and social welfare.
The success of local body reservation became a strong argument for extending similar opportunities to women at the state and national legislative levels. If women could effectively lead at the grassroots, there was no reason to exclude them from state assemblies and Parliament.
Women’s Reservation Bill
The idea of reserving seats for women in Parliament and State Assemblies has been discussed since the early 1990s. The journey includes several milestones:
-
1996: The 81st Constitutional Amendment Bill (Women’s Reservation Bill) was introduced in the Lok Sabha. It sought to reserve one-third of all seats for women in Parliament and State Assemblies. However, it lapsed without being passed.
-
1998, 1999, and 2008: The Bill was reintroduced several times by successive governments but could not gain the required consensus due to political differences, particularly regarding sub-quotas for OBC women and the rotation of reserved seats.
-
2010: The Bill was finally passed in the Rajya Sabha, but it lapsed before it could be passed in the Lok Sabha.
This repeated introduction and lapse reflected strong public demand but also deep political hesitations — often arising from caste-based and party-based calculations.
Bridging the Gender Gap
The fundamental justification for women’s reservation lies in correcting historical and structural inequality.
Women in India have faced systemic barriers to political participation, including:
-
Social norms that discourage women from contesting elections.
-
Lack of financial resources and political connections.
-
Gender bias within political parties in candidate selection.
-
Safety concerns and lack of institutional support.
Without affirmative action, these barriers continue to perpetuate underrepresentation. The 106th Amendment recognizes that gender equality in politics cannot be achieved through voluntary measures alone — it requires constitutional intervention.
The Democratic Rationale
Democracy is not just about numbers; it is about representation of all voices. Women constitute nearly 50% of India’s population, yet their political participation in legislative decision-making remained far below parity.
By reserving one-third of seats for women:
-
Legislative bodies will better reflect the demographic composition of the nation.
-
Policies and laws will address women’s issues more effectively.
-
Gender diversity will improve deliberation quality and governance balance.
In other words, the Women’s Reservation Act strengthens the principle of inclusiveness enshrined in the Constitution.
Political and Global Context
Globally, women’s political representation has been improving through quota systems and reserved seats. Countries like Rwanda, Nepal, Bangladesh, and Pakistan have already implemented women’s reservation at various levels, leading to a marked increase in women legislators.
In comparison, India — despite being a global democracy leader — lagged behind in this area. The 106th Amendment thus aligns India with international best practices in promoting gender-balanced governance.
Constitutional Action
While many political parties claimed to support women’s empowerment, voluntary party quotas or internal reforms failed to make a substantial difference. Very few parties nominated one-third women candidates.
Hence, there was a growing realization that:
-
Only a constitutional amendment could ensure fair representation.
-
Relying on party goodwill was insufficient.
-
A permanent legal framework was necessary to transform the political landscape.
The 106th Amendment thus became the instrument through which the aspiration for gender justice was finally given constitutional backing.
The 2023 Special Session
In September 2023, during a special session of Parliament, the Women’s Reservation Bill was reintroduced — this time as part of the 106th Constitutional Amendment.
The Bill received near-unanimous approval:
-
Lok Sabha: 454 votes in favor, 2 against
-
Rajya Sabha: All votes in favor
This overwhelming support reflected both the moral and political consensus that the time had come to institutionalize women’s representation in legislatures.
9. Why the Amendment Was Needed
In summary, the 106th Amendment was needed because:
-
Women’s representation in legislatures was far below equitable levels.
-
Local-level reservation had proven highly successful.
-
Political parties failed to self-regulate nomination of women candidates.
-
Constitutional backing was essential to guarantee representation.
-
Empowerment of women legislators would improve policy focus on social and developmental issues.
By ensuring women’s presence in the law-making process, the amendment fulfills India’s constitutional promise of justice, equality, and dignity for all citizens.
The Background and Need for the 106th Constitutional Amendment (2023) clearly show that it was not just a political move but a historic correction of systemic underrepresentation. It stems from decades of advocacy, social reform, and democratic aspiration to ensure women’s rightful place in India’s political decision-making structures.
The Women’s Reservation Act, 2023, therefore stands as a testament to India’s evolving democracy — one that not only values equality in principle but seeks to achieve it in practice through constitutional reform.
Key Provisions of the 106th Amendment
The Constitution (One Hundred and Sixth Amendment) Act, 2023, widely known as the Women’s Reservation Act, 2023, is a landmark legal reform that introduces 33% reservation for women in the Lok Sabha and State Legislative Assemblies. This historic amendment changes the constitutional framework to guarantee gender-based political representation.
Let us understand the major provisions, new articles added, and how the amendment changes the structure of legislative representation in India.
1. Overview of the Amendment
The 106th Amendment introduces four major constitutional changes:
-
Insertion of Article 330A
-
Insertion of Article 332A
-
Insertion of Article 334A
-
Amendment to Article 239AA
These provisions together create a framework for one-third reservation for women in the Lok Sabha, State Assemblies, and the Delhi Legislative Assembly.
2. Article 330A – Reservation of Seats for Women in the Lok Sabha
Article 330A is the cornerstone of the amendment. It ensures that women are represented in the House of the People (Lok Sabha) through reserved seats.
-
Reservation Percentage: One-third (as nearly as may be) of the total seats to be filled by direct election to the Lok Sabha shall be reserved for women.
-
Inclusion of SC/ST Seats: Within the seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) under Article 330, one-third of those seats will also be reserved for women belonging to those communities.
-
Rotation of Seats: The reserved constituencies for women will rotate after each delimitation exercise. The Parliament will decide how rotation will take effect, ensuring that no constituency remains permanently reserved.
-
Representation of All Categories: The provision guarantees that women from general, SC, and ST categories will all benefit from the reservation.
To ensure fair and structured representation of women in the national legislature, allowing them to participate in the highest decision-making body of the country.
3. Article 332A – Reservation of Seats for Women in State Legislative Assemblies
Article 332A mirrors the provisions of Article 330A but applies to State Legislative Assemblies.
-
One-Third Reservation: One-third (as nearly as may be) of the total seats to be filled by direct election in every State Legislative Assembly will be reserved for women.
-
SC/ST Sub-Reservation: One-third of the seats reserved for Scheduled Castes and Scheduled Tribes in the State Assemblies will also be reserved for women belonging to those communities.
-
Rotation of Reserved Seats: Similar to the Lok Sabha provision, the reserved constituencies for women will rotate after each delimitation, ensuring equitable opportunities across constituencies.
-
Applicability: The article applies to all Indian states with legislative assemblies.
To extend gender-based representation from the national level to the state level, ensuring women’s active involvement in regional governance and policy-making.
4. Amendment to Article 239AA – Reservation in Delhi Legislative Assembly
The 106th Amendment also modifies Article 239AA, which deals with the governance of the National Capital Territory (NCT) of Delhi.
-
The Delhi Legislative Assembly will also have one-third of its total seats reserved for women.
-
Within the SC-reserved seats in Delhi, one-third will be reserved for women belonging to Scheduled Castes.
-
Parliament may determine the manner in which this reservation will operate through law.
This inclusion ensures that Delhi, the national capital, is not left out of the reform, reinforcing the principle of uniform gender representation across all major legislative bodies in India.
5. Article 334A – Duration, Commencement, and Implementation
Perhaps the most technical and crucial provision of the amendment, Article 334A sets the conditions for commencement, duration, and rotation of reserved seats.
-
Implementation After Census and Delimitation: The reservation for women will come into effect only after a delimitation exercise is conducted following the first census held after the amendment comes into force. This means the reform is not immediate and will depend on the publication of the next official census data and subsequent delimitation.
-
Fifteen-Year Duration: The reservation will remain in effect for 15 years from the date it comes into operation. After that, it may cease automatically, unless Parliament decides to extend it through another amendment.
-
Rotation Mechanism: The reserved seats for women will rotate after each delimitation exercise, ensuring fairness and equal opportunities across different constituencies.
-
Non-Disruption Clause: The amendment specifies that existing Lok Sabha and State Assemblies will continue as they are until their dissolution. The reservation will apply only to future elections conducted after the new delimitation.
To establish a legally sound, systematic, and gradual mechanism for implementing women’s reservation without disrupting the current legislative structures.
6. Reservation Extent and Calculation
Under the 106th Amendment:
-
One-third of the total number of seats filled by direct elections will be reserved for women.
-
This includes:
-
One-third of SC-reserved seats for women of Scheduled Castes
-
One-third of ST-reserved seats for women of Scheduled Tribes
-
One-third of general category seats for other women candidates
-
The phrase “as nearly as may be” provides flexibility to account for fractional differences in seat distribution while maintaining approximate equality.
7. No Reservation in Rajya Sabha or Legislative Councils
The amendment specifically applies to directly elected houses — the Lok Sabha and State Legislative Assemblies.
It does not apply to the Rajya Sabha (Upper House) or State Legislative Councils, since these are indirectly elected bodies.
This limitation reflects the practical and constitutional principle that reservations primarily apply to direct electoral seats, not nominated or indirectly elected positions.
8. Constitutional and Democratic Rationale
The inclusion of these articles in the Constitution strengthens:
-
Equality before Law (Article 14)
-
Equal Opportunity in Public Life (Article 15)
-
Political Justice (Preamble)
-
Directive Principle of State Policy (Article 39A)
By mandating women’s participation, the amendment enhances the democratic inclusiveness of India’s political institutions.
The Key Provisions of the 106th Constitutional Amendment Act, 2023 collectively reshape India’s representative framework by embedding women’s political participation into the Constitution.
Articles 330A, 332A, 334A, and the amendment to 239AA lay the foundation for a more balanced, just, and participatory democracy.
Though its implementation awaits census and delimitation, the amendment stands as a constitutional guarantee of gender justice — ensuring that the voices of women are not merely heard but institutionally represented in the heart of India’s legislative system.
Delimitation and Census
The reservation cannot be implemented immediately. The Act clearly states that it will only come into effect after a delimitation exercise based on the next census.
Delimitation means redrawing boundaries of constituencies based on population data to ensure equal representation. It ensures each constituency has roughly equal numbers of voters.
-
Population data ensures fair representation.
-
Prevents political misuse of constituency boundaries.
-
Aligns the new reservation system with updated demographic realities.
However, the last census was scheduled for 2021 but delayed due to the COVID-19 pandemic. Hence, the implementation may take several more years, possibly until after the 2029 general elections.
Women’s Reservation Idea
The idea of Women’s Reservation in Indian politics stems from the need to correct a deep-rooted gender imbalance in political representation. Despite women constituting nearly half of India’s population, their participation in legislative bodies has historically remained low. The concept gained momentum after the success of the 73rd and 74th Constitutional Amendments (1992–93), which reserved one-third of seats for women in Panchayati Raj Institutions and Municipal Bodies.
This grassroots reform brought millions of women into local governance, proving their capability and leadership in public affairs. Encouraged by this success, policymakers and women’s rights advocates began demanding similar representation at the state and national levels.
The idea behind women’s reservation is not merely to increase numerical representation but to ensure that women’s perspectives, priorities, and experiences influence policy-making and governance. It aims to dismantle structural barriers, challenge patriarchal norms, and empower women politically, socially, and economically.
The Women’s Reservation Act, 2023 (106th Constitutional Amendment) embodies this vision, providing a constitutional guarantee of 33% representation for women in the Lok Sabha and State Assemblies. Ultimately, the idea of women’s reservation reflects India’s commitment to inclusive democracy and equality, ensuring that governance truly represents the voices of all its citizens.
Duration and Renewal
The Duration and Renewal clause of the 106th Constitutional Amendment Act, 2023 is one of its most important and carefully designed features. According to Article 334A, the reservation of seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly will remain in force for a period of 15 years from the date it comes into operation.
This means that once the amendment is implemented—after the next census and delimitation process—the women’s reservation will automatically continue for fifteen years. However, the Constitution also empowers Parliament to extend or renew the reservation period through another constitutional amendment if it deems necessary.
This 15-year duration acts as both a trial and transitional phase, allowing the nation to assess the social and political impact of increased female representation in legislatures. It mirrors earlier constitutional provisions, such as the reservation of seats for Scheduled Castes and Scheduled Tribes, which were initially temporary but have been extended multiple times due to continued necessity.
Therefore, while the current duration is fixed at 15 years, it is widely expected that Parliament may review the policy and extend it further, ensuring long-term gender equality and sustained political empowerment of women in India.
Comparison with Other Countries
Many countries use reservation or quota systems to improve women’s political representation:
| Country | Reserved for Women / Quota System |
|---|---|
| India (After 106th Amendment) | 33% reservation in Lok Sabha & State Assemblies (to be implemented after next census) |
| United States | No constitutional reservation; ~28% women in Congress through general elections |
| United Kingdom | No legal quota; major parties like Labour use voluntary 50% candidate quotas |
| Russia | No official reservation; political parties may voluntarily include women (~16% representation) |
| Germany | No national law; major parties apply internal quotas (SPD & Greens: 50% women) |
| France | Legal candidate parity law (50% women candidates mandatory; fines for non-compliance) |
| Canada | No reservation; parties encouraged to nominate women (about 30% representation) |
| Japan | No reserved seats; around 10% women in Parliament; voluntary party targets introduced |
| Australia | No constitutional quota; Australian Labor Party has 50% internal quota for women |
| Italy | Legally enforced gender parity in electoral lists (50% men, 50% women) |
| Spain | Parity law mandates at least 40% of candidates must be women |
| Rwanda | 30% constitutional quota; actual representation ~60% (world’s highest) |
| Nepal | 33% constitutional reservation for women in Parliament |
| Bangladesh | 50 reserved seats for women in Parliament (out of 300 total) |
| Pakistan | 17% reserved seats for women in National and Provincial Assemblies |
| Mexico | Constitutional gender parity law — 50% women in candidate lists |
| Brazil | 30% of candidates on party lists must be women (legal quota) |
| Norway | Voluntary party quotas; Labour Party enforces 50% women candidates |
| Sweden | Voluntary 50% party quota (“zipper system” alternates male/female candidates) |
| South Africa | Party quotas; African National Congress enforces 50% women candidates |
| China | Party-directed nomination system ensures around 22% women in National People’s Congress |
| Afghanistan (pre-2021) | 27% seats constitutionally reserved for women in lower house |
India’s model aligns with countries that use constitutional seat reservation, unlike European nations that rely on party quota systems.
Constitutional Significance
The 106th Amendment reaffirms several key constitutional principles:
-
Equality (Article 14) — promotes equal political opportunity.
-
Justice (Preamble) — corrects structural gender imbalance.
-
Democracy (Basic Structure) — strengthens inclusiveness and representation.
-
Directive Principles (Article 39) — promotes participation of women in nation-building.
Thus, this amendment enhances the democratic fabric and fulfills constitutional promises of equality and justice.
Conclusion
The 106th Constitutional Amendment Act, 2023 is a monumental milestone in India’s democratic and social history. It embodies the spirit of equality enshrined in the Constitution and paves the way for a more inclusive and representative democracy.
However, the journey ahead is complex. While the law provides a strong constitutional foundation, its effectiveness depends on timely implementation, transparent delimitation, and genuine political commitment. The real success of this reform will not be measured by the number of women in legislative seats alone but by the quality of participation, independence of voice, and impact on policy outcomes.
In essence, the Women’s Reservation Act, 2023 is not just a legal reform — it is a social transformation in the making. If implemented earnestly, it has the potential to reshape India’s political landscape and inspire generations to come.
COMMENTS