The Constitution (106th Amendment) Act, 2023 marked a historic step toward gender equality in Indian politics by providing 33% reservation for women in the Lok Sabha and State Legislative Assemblies. However, despite broad political consensus, implementation has been delayed because the reservation is linked to delimitation based on the first Census conducted after 2026. This has revived debate on whether alternative mechanisms can ensure faster implementation of women’s political reservation.
Constitutional Provisions of the 106th Amendment
The amendment introduces Articles 330A, 332A, and 334A into the Constitution to operationalise women’s reservation.
Key provisions include:
- One-third reservation for women in the Lok Sabha and State Legislative Assemblies.
- Within the SC/ST reserved seats, one-third seats are reserved for women belonging to those communities.
- Reserved seats will rotate periodically across constituencies.
- Reservation will come into effect only after delimitation following the first Census conducted after 2026.
- The reservation is initially valid for 15 years, though Parliament may extend it.
The amendment aims to improve women’s representation in legislative institutions, where participation remains significantly low despite constitutional guarantees of equality.
Why is Implementation Delayed?
- Census Requirement
The amendment links implementation to the first Census conducted after 2026. Since the Census itself is pending, the reservation cannot currently be operationalised.
- Delimitation Process
After the Census, delimitation must redraw constituency boundaries and identify reserved constituencies. Delimitation is a lengthy administrative and political exercise that may take several years.
- Constitutional Freeze on Seat Allocation
The Constitution currently freezes the reallocation of parliamentary seats among states until after the Census. This further delays restructuring of constituencies necessary for reservation.
- Political and Administrative Challenges
Balancing regional representation, population changes, and political interests complicates the delimitation process and contributes to implementation delays.
Proposed Alternative: Proportional Representation System
To avoid prolonged delays, some experts have proposed adopting a hybrid proportional representation (PR) model for implementing women’s reservation immediately.
Features of the Proposal
- Existing constituencies would remain unchanged.
- Additional seats reserved for women would be created temporarily.
- Seats would be allocated to political parties based on their vote share.
- Political parties would nominate women candidates from pre-declared party lists.
Under proportional representation, seats in the legislature are distributed according to the percentage of votes secured by political parties. Thus, representation more accurately reflects voter preferences.
Advantages of the Proposal
Immediate Implementation
The proposal avoids waiting for Census and delimitation, enabling faster operationalisation of women’s reservation.
Cost Efficient
Since no new constituencies or separate elections are required, the model reduces administrative and electoral expenditure.
Reflects Voter Mandate
Allocation of seats based on vote share ensures fairer and more proportional political representation.
Reduces Structural Barriers
Women often face financial, social, and organisational barriers in constituency-based elections. Party-list systems can improve women’s access to legislatures.
Encourages Party Accountability
Political parties would be compelled to promote women leaders through transparent candidate lists.
Challenges in the Proposal
Despite its advantages, the proportional representation model raises several concerns.
- India currently follows the First-Past-The-Post (FPTP) electoral system, and introducing PR may require major electoral reforms.
- Additional seats could increase the size of legislatures significantly.
- Political parties may still nominate women from elite or dynastic backgrounds rather than ensuring broad-based representation.
- Coalition politics and fragmented mandates may increase under proportional systems.
Need for Women’s Political Representation
Greater representation of women strengthens inclusive governance, improves policy responsiveness, and enhances democratic legitimacy. Studies across countries show that higher women’s participation often leads to stronger focus on education, health, welfare, and social justice.
India has already demonstrated success in women’s reservation at the local government level through the 73rd and 74th Constitutional Amendments, which reserve seats in Panchayats and Municipalities.
However, women continue to remain underrepresented in Parliament and State Assemblies compared to global averages.
Conclusion
The Constitution (106th Amendment) Act, 2023 is a landmark reform for advancing gender justice in Indian democracy. However, linking implementation to future Census and delimitation processes may significantly delay its benefits. Exploring innovative alternatives such as proportional representation could help fast-track women’s reservation while preserving democratic fairness. Ultimately, ensuring meaningful political participation of women is essential for building a more representative, inclusive, and equitable democracy.