Women Reservation Act 2023 Came Into Force

Women Reservation Act 2023 Came Into Force

Why in News?

Recently, the Women’s Reservation Act 2023 (106th Constitutional Amendment or Nari Shakti Vandan Adhiniyam) came into force on April 16, 2026, enabling 33% reservation for women in Lok Sabha and State Assemblies.

Background of Women’s Reservation in India 

• Pre & Post Independence: In 1931, leaders like Sarojini Naidu and Begum Shah Nawaz advocated for women’s political rights. 
  • Later, the 1971 Committee on the Status of Women in India (CSWI) published the landmark report “Towards Equality” in 1974, highlighting declining female representation. 
• National Perspective Plan: The National Perspective Plan for Women (1988-2000), headed by Margaret Alva, recommended reserving seats for women from the Panchayat level to Parliament. 
  • This led to the 73rd and 74th Amendments (1992), which successfully mandated 33% reservation in local bodies.
• First Legislative Attempt: The 81st Constitutional Amendment Bill was introduced in September 1996 by the H.D. Deve Gowda government. 
  • It sought 33% reservation in the Lok Sabha and State Assemblies but lapsed following the dissolution of the House. 
• Repeated Failures: Under the Atal Bihari Vajpayee government, the bill was reintroduced in 1998, 1999, 2002, and 2003.
  • It failed each time due to a lack of political consensus and intense opposition from parties demanding a “quota within a quota” for OBC and Muslim women. 
• Breakthrough in Rajya Sabha: The UPA government introduced the 108th Amendment Bill in the Rajya Sabha in 2008. 
  • It was passed by the Upper House in March 2010 but remained pending in the Lok Sabha and eventually lapsed in 2014.
• Historic Enactment: On September 19, 2023, the 128th Amendment Bill was introduced in the new Parliament building. 
  • It was passed nearly unanimously by the Lok Sabha (454-2) on September 20 and by the Rajya Sabha (214-0) on September 21. 
  • President Droupadi Murmu granted assent on September 28, 2023. 
• Act Implementation: The Women’s Reservation Act 2023 (106th Constitutional Amendment or Nari Shakti Vandan Adhiniyam) came into force on April 16, 2026, enabling 33% reservation for women in Lok Sabha and State Assemblies.
  • Though the act has been notified, the implementation of the reservation will not be immediate because of its binding fresh census and delimitation provision.
  • Until fresh delimitation is undertaken, the existing composition of the Lok Sabha and State Assemblies will remain unchanged.

Provisions of Women’s Reservation Act 2023

• One-Third Legislative Quota: The Act mandates the reservation of one-third (33%) of all seats for women in the Lok Sabha (House of the People) and every State Legislative Assembly. 
  • This quota applies to seats filled by direct election. It aims to fix the historic under-representation where women currently hold only 15% of Lok Sabha seats. 
• Extension to National Capital Territory: A specific amendment to Article 239AA extends these reservation benefits to the Legislative Assembly of Delhi. 
  • While the initial Act primarily covered State Assemblies, subsequent legislation in late 2023 also extended similar provisions to the Union Territories of Puducherry and Jammu & Kashmir.
• Intersectional Sub-Reservation (SC/ST): The Act ensures a “quota within a quota” for marginalized groups. 
  • Under the new Articles 330A and 332A, one-third of the seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs) must be specifically allocated to women from those communities. 
• Rotational Allotment of Seats: To prevent the permanent reservation of specific constituencies, the Act provides for the rotation of reserved seats. 
  • These seats will be re-allotted to different constituencies within a State or Union Territory after every delimitation exercise (the process of redrawing constituency boundaries). 
• 15-Year Sunset Clause: Under Article 334A, the reservation is not permanent; it features a sunset clause of 15 years. 
  • The reservation will cease to exist after this period unless Parliament decides to extend it through further legislation. 
• Conditionality of Implementation: A unique provision specifies that the reservation will only become effective after a fresh Census is conducted and a subsequent delimitation exercise is completed. 
  • Following the Census, a delimitation exercise must be completed to redraw constituency boundaries.

Significance of Women’s Reservation Act 2023

• Institutional Gender Parity: The Act addresses a deep political imbalance where women currently occupy only ~15% of Lok Sabha seats. By mandating a 33% reservation, it ensures at least 181 women in the lower house, aligning India’s legislative profile with its demographic reality.
• Qualitative Governance Shifts: Research indicates that increased female participation leads to gender-sensitive budgeting and prioritization of public health, sanitation, and education. This Act shifts the legislative focus toward holistic social development rather than traditional male-centric policy agendas.
• Intersectionality in Representation: By providing a sub-quota for women within the existing SC and ST categories, the Act ensures that political empowerment is not restricted to the elite. It guarantees a voice for the most socially marginalized women in high-level decision-making.
• Dismantling Patriarchal Barriers: Political parties often operate through exclusionary gatekeeping. This mandatory quota forces parties to actively recruit, train, and fund female candidates, effectively breaking the “glass ceiling” that has historically prevented women from contesting high-stakes elections.
• Local-to-National Leadership Pipeline: India already has over 1.4 million women in local bodies. This Act creates a formal career ladder, allowing seasoned leaders from Panchayati Raj Institutions to transition into Parliament, leveraging their grassroots administrative experience for national governance.
• Global Democratic Leadership: Passing this Act boosts India’s standing on the Global Gender Gap Index. It demonstrates a firm commitment to UN Sustainable Development Goal 5.5, positioning India as a global leader in fostering inclusive and representative democracy.

Challenges 

• Absence of OBC Sub-Quota: The Act lacks a dedicated provision for Other Backward Classes (OBCs). Critics argue this omission disregards the intersectionality of caste and gender, potentially allowing elite-class women to dominate the reserved seats while marginalized OBC women remain under-represented. 
• Sarpanch Pati Syndrome: There are significant concerns regarding proxy representation, where elected women may act as “rubber stamps” for their male relatives. This phenomenon, widely observed in Panchayati Raj Institutions, risks undermining genuine female leadership if male family members continue to exercise de facto political power. 
• Impact on Voter Choice: Reserving specific constituencies exclusively for women restricts the freedom of choice for the electorate, as they can only vote for female candidates in those areas. Opponents argue this violates the principle of equality and might lead to a perception that women are not elected based on individual merit. 
• Rotational Disincentives for MPs: The Act provides for the rotation of reserved seats after every delimitation exercise. Critics suggest this may disincentivize sitting MPs from investing in long-term development projects in their constituencies, as they may become ineligible for re-election from the same seat in the following term.