The question of women’s reservation in Parliament is deeply intertwined with the development and inclusive nature of Indian democracy. Since independence, it has been expected that all sections of society should receive equal and equitable representation in democratic institutions, but the reality is that women’s participation has remained limited for a long time. Against this backdrop, the 106th Constitutional Amendment Act, passed in 2023, known as the Nari Shakti Vandan Act, emerged as a historic initiative. This Act provides for the reservation of one-third of the total seats in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly for women, including proportionate sub-reservations for women from Scheduled Castes and Scheduled Tribes. This provision was made by adding new Articles 330A, 332A, and 334A to the Indian Constitution, which not only define the scope of reservation but also determine its duration and implementation process.
However, the most significant and controversial feature of this Act is that its implementation is linked to the next census and the subsequent delimitation process. This provision has given rise to a significant debate as to whether linking women’s reservations to delimitation is a true constitutional requirement or a deliberate political strategy. The answer to this question is not simple, as it involves a combination of constitutional interpretation, political interests, and administrative feasibility.
From a constitutional perspective, Parliament has the power to make special provisions for women under Article 15(3). Furthermore, Articles 82 and 170 provide for delimitation of seats in the Lok Sabha and Legislative Assemblies, based on the census. Article 334A, added to the Nari Shakti Vandan Act, specifies that seats reserved for women will be rotated after each delimitation. This arrangement appears logical at first glance, as it ensures that the benefits of reservation reach different regions equally and are not limited to a single region.
Yet, the question remains whether it was necessary to link this entire process to delimitation. If we look at the 73rd and 74th Constitutional Amendments, implemented at the local body level, reservation for women was implemented immediately, even though the delimitation process occurred later. This suggests that delimitation is not a mandatory condition for implementing women’s reservation, but rather was added for administrative convenience. Furthermore, several women’s reservation bills introduced between 1996 and 2010 did not contain such a condition, indicating that this provision was added later in a specific political context.
Analysing this provision from a political perspective, it becomes clear that linking women’s reservation with delimitation provides a strategic advantage to ruling parties. Women’s representation in the current Lok Sabha is around 15 percent, while in state assemblies it is even lower. If 33 percent reservation were implemented immediately, a large number of seats held by current male MPs would be affected, which would naturally lead to political discontent and protests. This problem can be mitigated by increasing the number of seats through delimitation, as new seats can be reserved for women without directly displacing existing MPs.
Furthermore, the delimitation process itself is a politically sensitive issue, as it impacts the balance of representation between different states. Several states in South India have expressed concern that, despite their success in population control, their number of seats may be relatively reduced after delimitation, while northern states may gain more. In this context, linking women’s reservations to delimitation appears to be part of a broader political equation, attempting to balance the interests of different regions and classes.
Another important issue is that the Act does not provide a separate sub-reservation for women from the Other Backward Classes. This is considered a significant shortcoming from a social justice perspective, as it may limit the benefits of reservation primarily to women from relatively privileged classes. Furthermore, this provision does not apply to the Rajya Sabha and Legislative Councils, limiting the opportunity to increase women’s representation in the upper houses.
Another practical aspect of this entire system is that the actual benefits of women’s reservation are being delayed due to delays in the census and delimitation process. Under current circumstances, it is expected that this reservation will only become effective after the 2029 general elections or later. This means that the women for whom this Act became a source of hope will still have to wait for their rights. This situation makes the question even more relevant whether such a delay is truly necessary or could have been avoided.
Nevertheless, the positive aspects of this Act cannot be ignored. This is the first time that such a large number of reservations have been made for women at the level of Parliament and Legislative Assemblies. This will not only increase women’s political participation but will also ensure that their perspectives and experiences are considered in the policy-making process. The positive results of women’s reservations have already been seen at the Panchayat level, where women have not only demonstrated administrative capabilities but have also made significant contributions in the areas of education, health, and social welfare.
Ultimately, it can be said that linking women’s reservations to delimitation is a complex decision, combining constitutional provisions, administrative requirements, and political strategies. It would be inappropriate to call it a purely constitutional obligation, as alternative solutions were possible. However, calling it solely a political strategy would be a one-sided approach, as it also has some practical and logical basis. The reality is that this decision is a combined result of both elements.
It is essential for Indian democracy to embrace the values of equality and justice not only in theory but also in practice. Women’s reservation is an important step in this direction, but its effectiveness will depend on how promptly and fairly it is implemented. If it is unnecessarily delayed, it could deviate from its original purpose. Therefore, it is timely to develop a clear and time-bound roadmap for the implementation of this Act, so that women can enjoy their rights without delay and Indian democracy can become truly inclusive and representative.
