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Constitutional Law
Women's Reservation Law Brought into Force
« »17-Apr-2026
Why in News?
The Central Government, through the Ministry of Law and Justice, issued a notification on April 16, 2026, appointing that date as the date on which the Constitution (106th Amendment) Act, 2023 — popularly known as the Women's Reservation Law or the Nari Shakti Vandan Adhiniyam — shall come into force.
- The Act provides for 33% reservation for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the NCT of Delhi. Notably, though the law has now been notified, actual implementation of the reservation quota remains deferred — it will take effect only after a delimitation exercise carried out on the basis of the first Census conducted after the law's commencement.
- Parliament is simultaneously debating the Constitution (131st Amendment) Bill, 2026, which proposes to expand Lok Sabha seats to 850 and modify the delimitation-linkage condition to enable earlier implementation of the reservation.
What was the Background?
The legislative history of women's reservation in Parliament is one of India's longest-running constitutional debates, spanning nearly three decades:
- 1996 — The Women's Reservation Bill was first introduced in Parliament but lapsed with the dissolution of the Lok Sabha.
- 1998 — The Bill was reintroduced but lapsed again.
- 1999–2003 — The NDA Government tabled the Bill on three separate occasions without success.
- 2004 — The Bill was included in the Common Minimum Programme of the UPA Government.
- 2008 — The Bill was introduced in the Rajya Sabha by the UPA Government.
- 2010 — The Bill was passed by the Rajya Sabha and sent to the Lok Sabha, but lapsed upon dissolution of the 15th Lok Sabha (2009–14).
- September 19, 2023 — The Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023 was introduced in the Lok Sabha by Union Law Minister Arjun Ram Meghwal.
- September 20, 2023 — The Bill was passed by the Lok Sabha.
- September 21, 2023 — The Rajya Sabha unanimously passed the Bill, which thereafter received Presidential assent and became the Constitution (106th Amendment) Act, 2023.
- However, Section 1(2) of the Act expressly deferred its commencement, providing that "It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint."
- April 16, 2026 — The Ministry of Law and Justice notified the Act's commencement, giving it formal legal force — even as Parliament debates complementary legislation on delimitation.
What are the Key Legal Provisions of the Constitution (106th Amendment) Act, 2023?
New Constitutional Articles Inserted:
- Article 330A — Provides for reservation of seats for women in the House of the People (Lok Sabha).
- Article 332A — Provides for reservation of seats for women in the Legislative Assemblies of States.
- Article 334A — Governs the duration and rotation of the reservation.
- Amendment to Article 239AA — Extends the reservation to the Legislative Assembly of the NCT of Delhi.
Key Features:
- Quantum of Reservation — Not less than one-third of all seats in the Lok Sabha, State Legislative Assemblies, and the Delhi Assembly shall be reserved for women.
- SC/ST Sub-Quota — One-third of the seats already reserved for Scheduled Castes and Scheduled Tribes shall additionally be reserved for women from those communities.
- Duration — The reservation shall operate for a period of fifteen years from the date of commencement, subject to continuation as determined by Parliament.
- Rotation of Reserved Seats — Reserved seats shall be rotated after each delimitation exercise, as determined by a law made by Parliament.
- Implementation Condition — The reservation will take effect only after delimitation carried out following the first Census conducted after the law's commencement.
Comparison with the 2008 Bill:
|
Feature |
2008 Bill |
2023 Act |
|
Reservation in Lok Sabha |
One-third of seats in each State/UT |
One-third of total seats |
|
Rotation of Reserved Seats |
After every general election |
After every delimitation exercise |
|
Constitutional Amendments |
Articles 239AA, 331, 333 |
Article 239AA only |
What is the Status of Women's Representation in India?
- Women currently constitute approximately 15% of total Lok Sabha members and only 9% of members in State Legislative Assemblies.
- The Constitutional 73rd and 74th Amendment Acts of 1992 and 1993 mandated one-third reservation for women in Panchayati Raj institutions and urban local bodies respectively — a measure that has, over time, enabled substantive participation of women at the grassroots level.
- The Standing Committee on Personnel, Public Grievances, Law and Justice (2009) noted that the reservation in local bodies has enabled women to make meaningful contributions to governance.
- Despite this, women's representation in State Legislatures and Parliament remains significantly low.
