106th Constitutional Amendment Act 2023

Also called: Nari Shakti Vandan Adhiniyam, Women's reservation amendment, Women's Reservation Act 2023, 106th Constitutional Amendment Act, Women's reservation in legislatures · Topic: Gender, Religion and Caste in Politics · NCERT: Class 8, Ch 6 "The Parliamentary System: Legislature and Executive"; Class 10, Ch 3 "Gender, Religion and Caste"; Class 11, Ch 3 "Election and Representation"; Class 11, Ch 8 "Local Governments"

Meaning

The 106th Constitutional Amendment Act 2023 (Nari Shakti Vandan Adhiniyam) reserves, "as nearly as may be", one-third of the directly elected seats in the Lok Sabha, the state legislative assemblies and the Delhi Legislative Assembly for women. This includes one-third of the seats already reserved for SCs and STs [2]. The reservation starts only after the census taken after the Act is published and a fresh delimitation follows. It lasts for 15 years, and Parliament can extend it by law.

It matters because women have had the vote on equal terms since 1950, but they still win few seats. They held about 15% of Lok Sabha seats in the 17th Lok Sabha (2019–24) and about 9% of state assembly seats [3]. The Act takes the one-third rule that has applied in panchayats and municipalities since 1992 and extends it to the legislatures that make laws.

Explanation

What the Act reserves

• Women's reservation means a fixed share of elected seats where only women can stand for election.
• Where it applies:
• Lok Sabha under the new Art. 330A
• State legislative assemblies under the new Art. 332A

• Delhi Legislative Assembly under the new Art. 239AA(2)(ba)

• How much: "as nearly as may be" one-third of the seats filled by direct election (where voters choose the member themselves) [2].

• Quota inside the SC/ST quota: one-third of the seats already reserved for SCs and STs go to SC and ST women [2].

When it starts, how long it lasts and rotation (Art. 334A)

• The trigger comes in steps, in this order: 1. The first census taken after the Act must be published [2]. 2. A delimitation follows. This means redrawing constituency boundaries and deciding which seats are reserved. 3. Only then does women's reservation begin.

• Rotation: the reserved seats move to different constituencies after each delimitation, roughly once every 10 years [2].

• Duration: 15 years from the start. Parliament can extend it by law.
• NCERT only says "33 percent reservation" and leaves out the census and delimitation condition. Learn the condition, because exam questions test it.

What it leaves out

• No OBC sub-quota.
• The Constitution has no OBC reservation in legislatures at all.

• So there is no OBC quota for the women's share to sit inside.

• Rajya Sabha and state legislative councils are not covered [3].

• Voters do not elect their members directly. Elected representatives choose them (indirect election).

• The Act adds no Article for these Houses.

• States cannot raise the share. It is fixed in the Constitution. In local bodies, states can give more than the minimum.

How it was passed (procedure)

Step	Date (2023)	Requirement and result
Introduced in Lok Sabha as the Constitution (128th Amendment) Bill	19 September	First Bill introduced in the new Parliament building [2]
Passed by Lok Sabha	20 September	Special majority. Vote: 454–2 [2]
Passed by Rajya Sabha	21 September	Special majority. Vote: 214–0 [2]
President's assent	28 September	Became the 106th Amendment Act

• Special majority (Art. 368): each House must pass the Bill by a majority of its total membership and by two-thirds of the members present and voting.
• No joint sitting: if the two Houses disagree on an amendment Bill, there is no joint sitting (a meeting of both Houses together) to settle it.

In the Constitution and practice

• Where it sits: the 106th Amendment Act 2023 inserted Arts. 330A, 332A, 334A and 239AA(2)(ba).
• The local-body model it builds on (1992):
• The 73rd Amendment added Part IX (Panchayats). The 74th Amendment added Part IXA (Municipalities).
• Art. 243D (panchayats) and Art. 243T (municipalities) reserve "not less than one-third" of directly elected seats for women. This is a minimum, so states can give more.
• 21 states and 2 UTs give 50% in panchayats, and 17 states and 1 UT give 50% in urban local bodies (2023).

• About 14.5 lakh (46%) of India's roughly 31 lakh elected local representatives are women [6].

• Evidence from panchayats:

• Chattopadhyay and Duflo (2004) studied panchayats in West Bengal and Rajasthan. Villages with women pradhans spent more on drinking water, the issue women raised most often.
• Proxy rule ("sarpanch-pati"): in some places the husband or a male relative runs the office, and the elected woman holds the post in name only.

• Rotation harms continuity. In one study, about 85% of women panchayat members were first-timers. Only about 15% won again once their seat was no longer reserved [3].

• Earlier failed attempts (1996–2014):

• 81st Amendment Bill 1996 (Deve Gowda government): it went to a Joint Parliamentary Committee (JPC), a committee with members from both Houses, chaired by Geeta Mukherjee. The JPC recommended:
  • one-third reservation, with rotation;
  • 15 years of reservation, followed by a review [3];
  • covering the Rajya Sabha and legislative councils [3];
  • extending reservation to OBC women once the Constitution allowed OBC reservation in legislatures.
• Bills in 1998, 1999, 2002 and 2003 each lapsed when their Lok Sabha was dissolved [3].
• 108th Amendment Bill 2008: introduced in the Rajya Sabha and supported by a Standing Committee [3]. The Rajya Sabha passed it on 9 March 2010. It lapsed with the 15th Lok Sabha in 2014 because the Lok Sabha never voted on it.

• Why they failed: the "quota within quota" demand for OBC and minority women, fear that rotation would weaken MPs' work for their constituencies, and fear of proxy candidates.

• After 2023: the 131st Amendment Bill 2026:

• It was introduced in the Lok Sabha on 16 April 2026, together with the Delimitation Bill 2026 and the Union Territories Laws (Amendment) Bill 2026 [4][5].
• It would have amended Art. 334A to delink women's reservation from the census taken after 2023 [5].
• The Delimitation Bill named the 2011 census as the base for delimitation [4].
• It would have raised the Lok Sabha ceiling from 550 to 850 [5].
• It would have ended the freeze on seat shares at the 1971 census, which the 42nd Amendment (1976) imposed [4][5].
• Goal: women's reservation in time for the 2029 Lok Sabha election [5].
• Outcome: the Lok Sabha negatived (rejected) it on 17 April 2026 because it did not get the special majority. The companion Bills became infructuous, meaning they no longer served any purpose [4][5].
• So the 2023 timeline stands: Census 2027, then delimitation, then reservation (verify current).

Don't confuse with

• Arts. 243D/243T (local-body reservation): these give "not less than one-third", which states can raise. They also cover chairperson posts and have applied since 1992–93 with no time limit. The 106th Amendment gives "as nearly as may be" one-third, has no chairperson posts to cover, and lasts 15 years.
• 128th Amendment Bill vs 106th Amendment Act: the same law. It was the 128th Bill when introduced and became the 106th Act after assent.
• 108th Amendment Bill 2008: an earlier attempt that passed only the Rajya Sabha (2010) and lapsed in 2014. It is not the law in force.
• 131st Amendment Bill 2026: a proposal to bring the reservation forward by changing Art. 334A. The Lok Sabha rejected it, so the 106th Amendment's timeline was not changed.

Prelims Hooks

• The 106th Amendment inserted Arts. 330A (Lok Sabha), 332A (state assemblies), 334A (start, duration and rotation) and 239AA(2)(ba) (Delhi). It inserted no Article for the Rajya Sabha or legislative councils.
• Not covered: the Rajya Sabha, state legislative councils and OBC women. Covered: SC and ST women, within the existing SC and ST seats.
• Votes: 454–2 in the Lok Sabha and 214–0 in the Rajya Sabha [2]. Assent: 28 September 2023. Duration: 15 years, extendable by Parliament.
• Trigger: a census is published after the Act, then delimitation, then reservation. Rotation follows each delimitation [2].
• The Geeta Mukherjee JPC examined the 81st Amendment Bill 1996. The 108th Amendment Bill 2008 passed the Rajya Sabha on 9 March 2010 and lapsed in 2014.
• The 131st Amendment Bill 2026 proposed a Lok Sabha ceiling of 850 and delimitation on the 2011 census. It was negatived on 17 April 2026 [4][5].

Mains Points

• The case for the Act:
• Women have voted equally since 1950, but they held only about 15% of Lok Sabha seats and about 9% of assembly seats [3].

• Panchayat evidence (Chattopadhyay–Duflo 2004) shows that women leaders change spending priorities, such as spending more on drinking water. So a quota can make policy fairer.

• Design gaps:

• Rotation weakens constituency work and re-election. Only about 15% of women won again after their seat was de-reserved [3].
• Leaving out the Rajya Sabha, the legislative councils and an OBC sub-quota keeps the "quota within quota" dispute alive.

• Proxy rule (sarpanch-pati) shows that a seat alone does not bring real power. Party tickets, training and support are also needed.

• Delay and federalism:

• Tying the reservation to census and delimitation pushes it beyond Census 2027.
• The failed 131st Amendment Bill 2026 shows the trade-off. Starting earlier meant ending the 1971 freeze, which would shift seats towards the populous northern states [4][5].
• Reforms: delink the reservation from delimitation through consensus, require parties to give women a share of tickets, consider longer reservation cycles such as two terms per seat, and cover the upper Houses as the Geeta Mukherjee JPC suggested [3].

Related concepts

• Women's reservation in local bodies
• Geeta Mukherjee Committee (1996)
• Women's Reservation Bill 2008

Read more

• Women's reservation: from local bodies to the 106th Amendment