Women’s Reservation Act: Key Provisions and Implementation Timeline
The Constitution (One Hundred and Sixth Amendment) Act, 2023, has been enacted to boost women’s political representation in India’s legislative bodies. This significant amendment aims to reserve seats for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi.
The Act officially came into force on April 16, 2026, as notified by the Union Law Ministry. However, its practical application is contingent on future electoral and administrative processes.
Legislative Milestones and Voting
The Constitution (One Hundred and Sixth Amendment) Act, 2023, received overwhelming support during its parliamentary passage. It was approved by the Lok Sabha on September 20, 2023, with 454 votes in favour and only 2 against, representing approximately 99.5% of the votes. The following day, September 21, 2023, the Rajya Sabha unanimously passed the bill with 214 votes in favour and no opposition, achieving 100% support.
When Will the Reservation Take Effect?
While the Act is now in force, the reservation for women will not apply to the current legislative terms. Its implementation is tied to two crucial conditions:
- Delimitation: A fresh delimitation exercise, which redraws constituency boundaries, must be completed.
- Census: This delimitation will be based on the first Census conducted after the commencement of the Constitution (106th Amendment) Act, 2023.
The last Census in India was conducted in 2011. The next Census, originally scheduled for 2021, has been postponed and is anticipated to take place in the coming years, likely around 2026 or thereafter. Following this Census, a delimitation process will commence, after which the women’s reservation will be implemented.
For instance, if the first Census after the amendment is conducted in 2028 and delimitation is finalized in 2029, the reservation will begin from that point. The reservation will be implemented in the subsequent elections held after the delimitation is complete. Existing legislative bodies will not be affected until their dissolution.
Details of Seat Reservation
The newly inserted Article 330A outlines the reservation of seats for women in the House of the People (Lok Sabha). It mandates that approximately one-third of the total seats, including those reserved for Scheduled Castes (SC) and Scheduled Tribes (ST), will be reserved for women. This means:
- One-third of all seats will be reserved for women.
- One-third of the seats reserved for SC/ST will also be reserved for women belonging to these categories.
Example: If the Lok Sabha has 300 seats and 90 are reserved for SC/ST, then:
- Approximately 100 seats will be reserved for women (one-third of 300).
- Out of these 100 women-reserved seats, 30 will be specifically for SC/ST women (one-third of 90).
- The remaining 70 seats will be for women from the general category.
Similarly, Article 332A extends this reservation to the Legislative Assemblies of all States. The principle remains the same: approximately one-third of the total seats, including SC/ST reserved seats, will be reserved for women.
Example: For a State Legislative Assembly with 300 seats, where 90 are reserved for SC/ST:
- Around 100 seats will be reserved for women.
- Of these, 30 will be for SC/ST women, and 70 for other women.
Specific provisions have also been made for the Legislative Assembly of the National Capital Territory of Delhi through amendments to Article 239AA(2). Here too, approximately one-third of the total seats, including those for Scheduled Castes, will be reserved for women.
Example: In the Delhi Legislative Assembly with 90 seats, where 12 are reserved for Scheduled Castes:
- Approximately 30 seats will be reserved for women.
- Out of these, 4 will be for SC women, and 26 for other women.
Duration and Rotation of Reserved Seats
Article 334A stipulates that the reservation of seats for women will come into effect only after the delimitation process, based on the first Census conducted post the 106th Amendment. This reservation will be in place for 15 years from its commencement. Furthermore, the specific seats reserved for women will rotate after each delimitation exercise, ensuring a dynamic distribution over time. Parliament will determine the continuation of this reservation beyond the initial 15-year period.
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Readers should treat this as a tax and compliance update, not as personal advice.
This article is for general information based on available source information. It should not be considered legal, tax, investment, or financial advice.