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IMPLEMENTATION PROGRESS OF THE CONSTITUTION 106TH AMENDMENT ACT

The Nari Shakti Vandan Adhiniyam, which seeks to reserve one-third of seats for women in the Lok Sabha and State Legislative Assemblies, remains a pivotal legislative milestone in Indias democratic journey. While the Bill was passed with overwhelming support in 2023, its actual implementation is tied to the completion of the next census and the subsequent delimitation exercise. 

Description

The Nari Shakti Vandan Adhiniyam, officially known as the Constitution One Hundred and Sixth Amendment Act, mandates the reservation of one-third of seats for women in the Lok Sabha and State Legislative Assemblies. 

Why in News?

Recent discussions in Parliament and various State Assemblies have focused on the timeline for the 2026 Delimitation exercise, which will determine the specific constituencies to be reserved for women.

Current State of Representation

  • Lok Sabha Statistics: In the current Lok Sabha, women comprise only about 15 percent of the total membership. While this is the highest ever for the lower house, it is still far from the 33 percent target.
  • State Assemblies: The situation in State Vidhan Sabhas is more varied but generally lower, with several states having less than 10 percent female representation.
  • Global Comparison: India currently ranks lower than many of its neighbors and several Rwanda-style emerging democracies in terms of female participation in national legislatures.
  • Local Bodies: In contrast to the national and state levels, women occupy over 44 percent of seats in Panchayati Raj Institutions and Urban Local Bodies, thanks to the 73rd and 74th Constitutional Amendments.

Key Provisions and Implementation Hurdles

  • The Census Link: The implementation of the reservation is legally contingent upon the publication of the first census figures conducted after the commencement of the Act.
  • Delimitation Requirement: Following the census, a delimitation exercise will be carried out to earmark the 33 percent of seats. This process is complex as it involves redrawing constituency boundaries based on updated population data.
  • Rotation of Seats: The Act provides for the rotation of reserved seats after every delimitation exercise, ensuring that different geographical areas are represented by women over time.
  • Sunset Clause: The reservation is initially set for a period of 15 years, with the possibility of extension by Parliament.

Significance of the Act

  • Gender Sensitisation of Policy: Greater representation of women is expected to bring a more empathetic and diverse perspective to law-making, particularly regarding health, education, and social welfare.
  • Breaking the Glass Ceiling: Legislative backing will help overcome the systemic barriers and patriarchal mindsets that often prevent women from receiving party tickets for winnable seats.
  • Empowerment at Scale: By moving from local bodies to the highest legislative forums, the Act ensures a pipeline of experienced female leaders who have already proven their mettle at the grassroots level.

Way Forward

  • To ensure the Act is effective beyond just numbers, political parties must proactively groom women leaders and provide them with meaningful portfolios. 
  • There is also a need for capacity-building programs to help first-time women legislators navigate parliamentary procedures. 
  • Additionally, the government should strive to complete the census and delimitation processes in a transparent and timely manner to avoid further delays in the actualization of the 33 percent quota.

Conclusion

The Women's Reservation Bill is not merely a political tool but a necessity for truly inclusive governance. While the procedural requirements of census and delimitation present a temporary delay, the legal certainty of the 106th Amendment ensures that gender parity in Indian politics is now an inevitable reality.

Source: Indian Express

PRACTICE QUESTION

Q. Which of the following constitutional amendments is formally known as the Nari Shakti Vandan Adhiniyam?

a) 103rd Amendment Act 

b) 104th Amendment Act 

c) 105th Amendment Act 

d) 106th Amendment Act

Answer: D

Explanation: 

The 106th Amendment Act, popularly called the Nari Shakti Vandan Adhiniyam, marks a historic shift in Indian legislative representation by providing 33 percent reservation for women in the Lok Sabha and State Legislative Assemblies. This amendment seeks to enhance the participation of women in the policy making process and was passed by both houses of Parliament with near-unanimity in 2023. The law also extends this reservation to the Legislative Assembly of the National Capital Territory of Delhi to ensure gender parity across different levels of governance. However, the implementation of this reservation is tied to the completion of the next census and the subsequent delimitation exercise, meaning the actual seat allocation will take place after these administrative procedures are finalized. 

Key Insights

The Nari Shakti Vandan Adhiniyam, officially known as the Constitution One Hundred and Sixth Amendment Act, mandates the reservation of one-third of seats for women in the Lok Sabha and State Legislative Assemblies. This landmark legislation aims to enhance female representation in higher lawmaking bodies and includes a sub-reservation for women belonging to Scheduled Castes and Scheduled Tribes. The act will be implemented following the completion of the next census and the subsequent delimitation exercise to determine constituency boundaries. It remains effective for a period of fifteen years from its commencement, though the Parliament holds the authority to extend this duration through further legislation. 

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