·The Hindu·15 marks·250–350 words

Examine the constitutional and political hurdles in linking delimitation with women's reservation in Parliament and State Assemblies.

In this answer
  1. Constitutional hurdles
  2. Political hurdles

The Nari Shakti Vandan Adhiniyam (Constitution 106th Amendment Act, 2023) reserves one-third of seats for women in the Lok Sabha and State Assemblies, but makes it operative only after a census and a subsequent delimitation [1]. This conditionality, intended to ease passage, has become the principal obstacle to implementation.

Constitutional hurdles

  • Deferred commencement: the 2023 Act requires both a post-enactment census and a fresh delimitation before reservation begins [1]; with the census reference date at 1 March 2027, women's seats remain indefinitely postponed.
  • The Article 368 threshold: undoing the linkage itself needs a constitutional amendment. The Constitution (131st Amendment) Bill, 2026 — which would have decoupled reservation from the post-2023 census and permitted delimitation on 2011 figures [2][3] — was negatived in the Lok Sabha on 17 April 2026, failing the two-thirds bar [2].
  • Rotation of reserved seats after every delimitation weakens constituency-level continuity for women legislators [1].
  • Institutional side-effects: raising the Lok Sabha cap from 550 to 850 would enlarge the permissible Council of Ministers from 81 to 122, diluting each MP's floor time and Parliament's check on the executive [2]. Allowing an ordinary law to fix the census and timing shifts a two-thirds decision to a simple-majority one [2][3].

Political hurdles

  • North–South asymmetry: on 2011 figures, Uttar Pradesh would rise 80→89 and Bihar 40→46, while Tamil Nadu falls 39→32 and Kerala 20→15 [2] — penalising States that curbed population growth.
  • Coalition arithmetic: a government with a working majority still lacks an amending majority, so federal consensus, not intent, is the binding constraint.
  • State Assemblies face the same sequencing, making the delay simultaneous across all legislatures.

Separating the two questions offers the way forward: enact women's reservation on the existing seat map — as the near-unanimous 2023 vote showed is politically feasible [1] — and settle delimitation through a negotiated federal compact. Gender justice under Articles 15(3) and 325 need not wait on an unresolved seat-sharing dispute.

Sources

  1. 1Women's Reservation Bill, 2023 — Constitution (128th Amendment) Bill, PRS Legislative Researchone-third reservation, census-and-delimitation commencement condition, 15-year duration, rotation of reserved seats
  2. 2The Constitution (131st Amendment) Bill, 2026 — Bill Track and Issues for Consideration, PRS Legislative Researchbill negatived on 17 April 2026; State-wise seat changes; Lok Sabha cap 550→850 and Council of Ministers 81→122
  3. 3The Delimitation Bill, 2026 — Bill Track, PRS Legislative Researchdelimitation to use the latest published census on the date the Delimitation Commission is constituted

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