The Indian Constitution is not just a rulebook. It is a living, breathing document that is evolving with our society. One of its significant updates is the 106th Constitutional Amendment Act, 2023, popularly known as the Women’s Reservation Act or “Nari Shakti Vandan Adhiniyam.” As the nomenclature suggests, the Constitution 106 Amendment introduced reservation for women in Parliament by a certain percentage. However, before getting into details of it, it is important to understand why we needed this. Here is a discussion on the back story, and what the 106th Amendment has in its pockets.
Was this Amendment even needed?
For years and decades, women have been underrepresented in the Indian politics. While women make up nearly half of the population, they were only having elected on 10–15% of seats in the Lok Sabha and State Assemblies, respectively. This is not just a number, but it reflects deep-rooted barriers that limit women’s participation in leadership and law-making.
The attempt to make laws for Women’s Reservation started around 25 years back with repeated debate and introduction of Bills in the Parliament. And finally, it was passed as the 106th Constitutional Amendment Act in 2023, that bridges the gender gap in political representation.
What does the Constitution 106th Amendment of Indian Constitution say?
The main features of the Amendment are:
- One-Third Reservation for Women: 33% of the seats in the Parliament and State Assemblies have been reserved for the women, including within SCs/STs quotas. This seeks to ensure that women from marginalized communities are not left out.
- Time Frame: The seats have been reserved for 15 years from its implementation year. Parliament can extend it further if it feels necessary.
- When Will It Start? This Act i.e., the reservation for women will not come into force immediately. It will come into effect only after a new delimitation exercise (i.e., redrawing of constituencies) is conducted. That also pre-requires conducting Census 2025.
- New Articles in the Constitution: The 106 Constitution Amendment inserted new articles such as Articles 330A, 332A, and 334A, and updated Article 239AA to cover Delhi.
Why is this such a big deal?
While reservation is not something new in India, the 106th Constitutional Amendment is much lauded. The reason behind such reactions is that it ensures increased representation of women in the law making process. Given below is a detailed analysis on the benefits of Constitution 106 Amendment:
1. Women Empowerment into Politics
Women getting one-third of all seats is a massive step towards inclusive politics. It means:
- More women will be encouraged to contest elections.
- Politics won’t feel like a “Men’s Club” anymore.
- Young girls will see role models in Parliament and State Assemblies.
2. Towards True Gender Equality
By giving women, a stronger voice in the law-making process, this amendment breaks traditional stereotypes and ensures that policies address the needs of both men and women.
3. Pushing for Real Social Justice with Inclusive Representation
This amendment is not just about gender but it goes a step further by including women from SC and ST communities in the reservation. Dalit and Adivasi women, who often face both caste and gender-based discrimination, have been provided a stronger voice in politics. It brings us closer to a democracy that actually reflects everyone.
4. Better Policy Outcomes
Studies from India and around the world shows that when women are in leadership roles, they put more focus on public welfare such as health, education, sanitation, and social support, etc.
When and how will Reservation for Women be implemented?
Several big steps have to be taken before reservation begins in furtherance of the 106th Constitutional Amendment, as addressed below:
- Census First: The amendment says implementation will follow the first census after the law is enacted. This also means that the Caste Census is likely to have some effect on the implementation.
- Delimitation after that: Based on that census, constituency boundaries will be redrawn, and only then will the reservation apply.
So, in reality, it might take a few more years before we see women getting those reserved seats.
Concerns and Criticism: What’s the Flip Side of 106th Constitutional Amendment?
As no law is perfect, so this one has also sparked a few valid concerns:
- Delayed Impact: Because everything depends on the next census and delimitation, the benefits may take years to materialize.
- Proxy Politics: There is a fear that some women might end up only a representative on face, i.e., token representative, standing in elections, while the real power remains with their male family members.
- OBC Women Left Out? The Amendment doesn’t have a separate quota for OBC women, which some argue is a major oversight.
- Urban Bias: There is also concern that the benefits may mostly go to urban, educated women, leaving out women from rural and disadvantaged backgrounds.
- Temporary Solution? The 15-year limit raises the question that “what happens after that? Will the momentum continue, fade away?”
What does it mean for Indian Democracy?
Despite the challenges, the 106th Amendment is expected to be a game-changer:
- It brings India closer to meeting international commitments like CEDAW, which promotes gender equality in politics.
- It has built on the success of women’s reservations at the Panchayat level, taking that idea to the state and national level.
- Over time, it could genuinely change the political culture, making it more inclusive, balanced, and responsive.
Final Thoughts
To me, this Amendment is more than just a legal change—it is a bold social reform. It uses constitutional power to push for equality in one of the most important areas i.e., representation.
Yes, there are hurdles ahead, especially the delay in implementation and the risk of tokenism. But the message is loud and clear that “India is ready to take women’s leadership seriously”. The real challenge now is ensuring that the spirit of the amendment turns into real change on the ground. That will need active monitoring, legal safeguards, and most importantly, a shift in how we view women in power.
