106th Constitutional Amendment Act, 2023 – Women’s Reservation Act

The Women's Reservation Act, 2023, also known as the 106th Amendment of the Indian Constitution, is a landmark legislation aimed at enhancing women's

 106th Constitutional Amendment Act, 2023 – Women’s Reservation Act

The Women's Reservation Act, 2023, also known as the 106th Amendment of the Indian Constitution, is a landmark legislation aimed at enhancing women's representation in Indian politics. 

Signed into law by President Droupadi Murmu on September 28, 2023, this Act reserves one-third (33%) of seats in the Lok Sabha and state legislative assemblies for women, including seats reserved for Scheduled Castes (SC) and Scheduled Tribes (ST)

The 106th Amendment of the Indian Constitution, passed in September 2023, is a landmark decision aimed at enhancing gender representation in Indian legislative bodies. 

This amendment reserves one-third of all seats in the Lok Sabha (House of the People) and the state legislative assemblies, including seats for Scheduled Castes (SCs) and Scheduled Tribes (STs), for women. It is a significant move intended to empower women and increase their direct influence in decision-making processes across the country.

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Introduction

The 106th Constitutional Amendment Act, 2023, popularly known as the Women’s Reservation Act, is one of the most transformative and historic amendments in the journey of the Indian Constitution. For the first time in India’s parliamentary history, a constitutional guarantee has been provided to reserve 33% of seats for women in the Lok Sabha and State Legislative Assemblies. This amendment is not just a legal reform — it is a social revolution, a political breakthrough, and a powerful step toward gender justice and democratic equality.

India is the world’s largest democracy, with millions of women participating in elections as voters, workers, organizers, and campaigners. But when it comes to the final decision-making rooms — the Lok Sabha, State Assemblies, and legislative positions — women have always been drastically underrepresented. Despite decades of struggles, reforms, debates, committees, and political promises, the share of women in legislatures remained low. On average, women represented only 14% in Lok Sabha and often even less in State Assemblies.

The 106th Amendment breaks this long-standing barrier. It creates a constitutional mandate to ensure that one-third of all elected seats in these legislative bodies are reserved for women. It brings India closer to the dream of equal representation. But there is a twist — the reservation will become operational only after the next Census and subsequent delimitation. This conditional implementation has generated debates, excitement, questions, and expectations across the country.

To truly understand the significance of the Women’s Reservation Act, one must go deep into its background, its necessity, the political journey behind it, the debates surrounding it, the provisions introduced by the amendment, and the future impact it will have on India’s democracy. The story of the 106th Amendment is not just about law — it is about equality, empowerment, representation, and the future of India’s political landscape.

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Background of Women’s Reservation in India Before 2023

Women’s reservation in political bodies is not a new idea in India. The Constitution already provides reservation for women in Panchayats and Municipalities through the 73rd Amendment and 74th Amendments, passed in 1992–93. These reforms revolutionized grassroots governance. Millions of women entered local government, becoming sarpanchs, councillors, and local leaders. Their participation proved that women’s leadership brought transparency, better development priorities, and community-oriented governance.

Seeing this success, reformers demanded reservation in state and national legislatures. But attempts to pass a Women’s Reservation Bill in Parliament repeatedly failed.

In 1996, the bill was first introduced but lapsed.
In 1998, 1999, and 2003, attempts were made again but the bill did not pass.
In 2010, the Rajya Sabha finally passed the bill, but the Lok Sabha never voted on it, and it lapsed again.

For almost 27 years, India debated, argued, protested, and negotiated for women’s reservation in the Lok Sabha and State Assemblies. Different political parties supported the idea in principle, but disagreements over implementation, sub-reservation for OBC women, political calculations, and fear of losing “safe seats” prevented actual passage.

By 2023, the demand had become louder and stronger. Civil society organizations, women’s groups, activists, students, academics, and even international bodies emphasized the need for greater women’s representation. India’s own history of successful women in leadership — from Indira Gandhi to President Droupadi Murmu — showed the potential women carried. But the numbers showed the gap clearly: representation remained the exception, not the rule.

The Women’s Reservation Act of 2023 finally turned this long struggle into a constitutional reality.

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Why India Needed the Women’s Reservation Act

The 106th Amendment was not just a symbolic gesture. It addressed structural issues that prevented women from entering political decision-making spaces.

Women faced challenges such as:

• Lack of political networks, financial support, and mentorship
• Social restrictions, stereotypes, and gender roles
• Barriers within political parties themselves
• Underrepresentation in candidate selection
• Violence and intimidation in political spaces
• Generational inequality in public leadership roles

Despite India having powerful women leaders at the top, the overall participation in legislatures remained low. This was not because women were incapable — it was because the system had built-in limitations. Countries across the world use reservation or quota systems to correct such imbalances, including France, Rwanda, Nepal, Bangladesh, and others.

The Women’s Reservation Act recognized that without structural support, equal participation cannot be achieved.

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What the 106th Amendment Actually Changes in the Constitution

The Amendment introduces three major constitutional insertions:

• The 106th Constitutional Amendment inserts three new Articles into the Constitution: 330A, 332A, and 334A.

• Article 330A provides 33% reservation for women in the Lok Sabha, including one-third of seats reserved for SCs and STs.

• Article 332A provides 33% reservation for women in all State Legislative Assemblies, also including one-third of SC/ST reserved seats for women.

• These articles make women’s reservation a constitutional mandate, not just a policy decision or political promise.

• The amendment ensures that one-third of all directly elected seats in these bodies must be filled by women.

• The amendment also mandates rotation of reserved seats after every delimitation, so no constituency remains permanently reserved.

• Article 334A sets the duration of reservation to 15 years from the date the reservation becomes operational.

• However, the reservation will only begin after the next Census is conducted.

• It will become effective only after delimitation redraws constituencies based on the new Census data.

• The amendment does not change existing Articles on elections but adds a new structural framework on top of the current election system.

• This amendment represents India’s largest-ever move to ensure gender equality in political representation.

These insertions create a strong, clear constitutional foundation for women’s representation.

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The Big Debate: Why the Reservation Will Start Only After Census and Delimitation

One of the most discussed aspects of the amendment is that the reservation will not apply immediately. It will only become operational after:

A new Census is conducted
Delimitation based on the Census is completed

This means the exact implementation year is uncertain.

Some criticized this condition, saying that if Parliament could pass the law immediately, it could also implement it immediately. Others argued that delimitation is needed to fairly redraw constituencies and ensure proper distribution.

Regardless of the debate, the legal reality is that Women’s Reservation will start after the next delimitation exercise.

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How Rotation of Reserved Seats Will Work

Every election will rotate the seats reserved for women. This prevents any constituency from being permanently reserved. It also ensures fairness and wider participation.

• The Constitution now mandates that one-third of all Lok Sabha and State Assembly seats will be reserved for women.

• However, no seat will remain permanently reserved for women.

• After every delimitation exercise, the set of seats reserved for women will change.

• Delimitation means redrawing constituency boundaries based on the latest Census population data.

• After delimitation, the Election Commission will identify new constituencies to be reserved for women for the next election cycle.

• In each election cycle, a different combination of constituencies will be reserved.

• Example:

  • Election 1 → Constituency A is reserved for women.

  • Election 2 → Constituency A becomes general; Constituency B becomes reserved.

  • Election 3 → Constituency C becomes reserved, and so on.

• This rotation ensures that every region shares the responsibility of women’s representation equally.

• Rotation also prevents any single constituency from being permanently disadvantaged by being reserved repeatedly.

• The rotation mechanism applies to general seats, SC-reserved seats, and ST-reserved seats — in each category, one-third will rotate.

• Rotation will happen only after delimitation, not after every election automatically.

• Once delimitation is done, the reserved seats will apply for that entire cycle until the next delimitation occurs.

• This system ensures fairness, balanced representation, and equal political opportunity across all constituencies.

This rotation ensures that no seat becomes permanently unavailable for men or permanently locked for women.

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Why the Women’s Reservation Act Is Called Transformational

The amendment transforms Indian democracy in several ways:

It ensures women's presence in political power
It diversifies leadership
It brings fresh perspectives into law-making
It challenges gender stereotypes
It strengthens democratic equality
It amplifies issues that women understand deeply (education, health, safety, livelihood, family welfare)
It creates thousands of new women political leaders every election

Just as the 73rd and 74th Amendments revolutionized local governance, the 106th Amendment revolutionizes national and state-level governance.

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How Political Parties Will Change After This Amendment

The Women’s Reservation Act is called transformational because it doesn’t just tweak a rule — it changes the entire power map of India. For the first time in our history, women move from being political supporters to becoming guaranteed political decision-makers. They are no longer the crowd behind the leader; they become the leader. This shift is so deep that it touches not just Parliament but every home, every mindset, and every girl who dreams of a bigger life.

Here are the core reasons people call this Act truly transformational:

• It permanently changes who gets to sit in power by ensuring one-third of all seats in Lok Sabha and State Assemblies go to women.

• It takes women from the political margins and places them at the center of national decision-making.

• It breaks the old belief that politics is a “man’s space” by constitutionally declaring women’s leadership as essential.

• It guarantees that issues often neglected — women’s safety, education, health, sanitation, childcare — gain strong, consistent voices in the legislature.

• It creates thousands of new women leaders every election cycle, building a leadership pipeline that will last for generations.

• It inspires young girls by showing them real women celebrities of power — MPs, MLAs, ministers, not just campaigners or silent supporters.

• It transforms political culture by making governance more inclusive, empathetic, community-focused, and development-driven.

• It challenges patriarchal norms that limited women to the background, pushing society to rethink what women can and should aspire to.

What makes the Act even more powerful is that it changes the emotional landscape of India. For decades, women voted enthusiastically, but the final decisions were made mostly by men. Now the country sends a clear signal: “Your vote matters, but so does your voice.” Every girl who sees women in Parliament or a State Assembly will know that leadership is not a privilege reserved for one gender.

The Act also holds transformational power because of its long-term impact. Once women enter politics in large numbers, they start building experience, building networks, shaping public debates, and eventually challenging even the general seats. The reservation opens the door, but women themselves will walk far beyond it. This will reshape India’s politics for the next hundred years.

That is why the Women’s Reservation Act is not merely a legal reform — it is a revolution written into the Constitution.

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How Women’s Representation Will Increase in Parliament

The Women’s Reservation Act will completely reshape the way Parliament looks by ensuring that women are no longer just a small presence in the Lok Sabha but a powerful, significant force. Today, the number of women MPs usually stays around 70–80, which is barely 14% of the total strength. This low percentage is not because women lack capability, talent, or interest — it is because political parties often do not give women tickets, and many constituencies remain male-dominated. The 106th Amendment finally removes this barrier by guaranteeing 33% representation, making it a constitutional duty rather than a political favour.

Here is how women’s representation will actually rise inside Parliament once the reservation becomes operational:

• One-third of all Lok Sabha constituencies will be reserved exclusively for women candidates, giving them direct entry into national politics.

• Out of 543 seats, at least 181 seats will be contested only by women, dramatically increasing their representation from day one.

• Reservation also applies to SC/ST seats, meaning SC and ST women will get guaranteed representation within their own categories.

• Political parties will have to field more women candidates, since reserved seats cannot be contested by men at all.

• With more seats available, more women will receive party support, funding, campaign strength, and visibility — things that were earlier given mostly to men.

• Once elected, thousands of women will gain experience in national policymaking, creating a new generation of trained women leaders.

• Many women who win from reserved seats may later contest general seats, breaking the myth that women can only win from reserved constituencies.

• The presence of women MPs will encourage more women voters, more volunteers, and more young girls to see politics as a natural and achievable path.

• Over time, women will not just participate — they will influence budgets, shape national laws, lead parliamentary committees, and rise to significant leadership roles.

• This increase is not temporary. Every new delimitation cycle will keep rotating reserved seats, ensuring a continuous flow of new women leaders into Parliament.

The impact of this change goes far beyond numbers. It transforms the character, tone, and priorities of Parliament itself. A Lok Sabha with 33% women is more balanced, more representative, and more connected to real social issues. Women are likely to bring more attention to education, healthcare, safety, children’s welfare, nutrition, family support systems, and inclusive development — priorities that benefit the entire nation.

This amendment ensures that women do not just enter Parliament — they shape it.

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Why Women’s Leadership Strengthens Governance

Research from around the world shows that when women lead in political roles:

Corruption decreases
Social spending increases
Education improves
Health programs become stronger
Violence against women receives more attention
Rural development accelerates
Decision-making becomes more inclusive

India’s experience in Panchayats supports this. Lakhs of women leaders brought fresh perspectives and improved governance.

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The Role of Women in Law-Making After the Amendment

With one-third representation, women will influence:

Criminal law reforms
Workplace safety laws
Education policy
Healthcare programs
Maternal welfare schemes
Public distribution systems
Welfare budget allocation

Women’s lived experiences will shape policies that affect everyone.

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Why Critics Question the Delimitation Clause

Some critics argue:

Implementation may take years
Immediate reservation was possible
Delay weakens the impact

However, supporters argue delimitation ensures fairness, accurate population data, and equal representation.

The debate continues, but the reservation has already become law.

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Impact on State Legislative Assemblies

In state assemblies of 60, 90, or 200 seats:

One-third will be reserved for women
Rotation will occur every election
Women from diverse backgrounds will enter politics

This will especially help women in rural and socially backward regions.

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Impact on SC/ST Women

The amendment ensures SC/ST women get one-third reservation within their reserved seats. This ensures intersectional representation:
Gender + caste + region.

This is a major step in deeper social justice.

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Impact on Indian Society and Gender Equality

The amendment sends a powerful message across the country:

Women belong in leadership
Women must be part of decision-making
Women’s voices matter

It inspires girls to dream beyond traditional roles. It increases women’s visibility in public life. It elevates their social standing.

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Impact on Political Culture in India

Women’s presence will reduce aggressive, violent, and confrontational politics. It will lead to:

More dialogue
More negotiation
Less polarization
Better welfare focus

Political culture will gradually become more sensitive and inclusive.

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Challenges That Women Leaders Might Face

Even with reservation, women may face:

Patriarchal attitudes
Tokenistic expectations
Male dominance in party structures
Violence and harassment
Balancing home responsibilities

These challenges require social reform alongside legal reform.

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Why the Amendment Is a Turning Point in India’s Gender History

India has had powerful women leaders but low representation overall. This amendment bridges the gap between exceptional representation and general representation.

It turns women’s political participation from possibility into guarantee.

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Long-Term Significance of the Women’s Reservation Act

In the long term, the amendment will:

Create a new generation of women leaders
Improve governance quality
Make politics more gender-balanced
Increase women’s participation in public life
Strengthen democracy

It will reshape India’s political identity.

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Conclusion: The 106th Amendment as India’s Commitment to an Equal Future

The 106th Constitutional Amendment Act, 2023 – Women’s Reservation Act is a landmark in India’s democratic evolution. It recognizes women not just as voters but as lawmakers. It acknowledges their right to shape laws, policies, and the nation’s destiny.

The amendment is not just about reserving seats. It is about reshaping power. It is about dismantling centuries of gender barriers. It is about building an India where women lead from the front, not from behind.

Even though implementation awaits Census and delimitation, the constitutional guarantee is now permanent. India has declared that women must have an equal seat at the table of power.

This is not just a legal change. It is a historical transformation.