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indian polity

Introduction

On September 20–21, 2023, Parliament passed sweeping legislation to amend the Constitution and secure one-third legislative seats for women—achieving long-pending reform. The bill received overwhelming support (Lok Sabha: 454–2; Rajya Sabha: unanimous) Outlook India+15AP News+15The Indian Express+15. President Droupadi Murmu gave her assent on September 28, 2023, officially enacting it as law ETGovernment.com+2The Indian Express+2Outlook India+2.

Although lauded as a progressive milestone, the implementation is postponed until after the first census following 2026 and subsequent delimitation, pushing full effect to around 2029 The Indian Express+9AP News+9adda247+9.


Key Provisions

  • Reservation Scope: One-third (33%) seats in the Lok Sabha, all State Assemblies, and the Delhi Legislative Assembly are reserved for women (including SC/ST reserved seats) The Hindu+3Drishti IAS+3Firstpost+3.

  • Rotation Principle: Reserved constituencies will rotate after each delimitation exercise The Indian Express+7Outlook India+7The Times of India+7.

  • Temporal Duration: The reservation will last for 15 years initially, subject to extension by Parliament The Times of India+6Drishti IAS+6AP News+6.

  • Implementation Precondition: Activation depends on fresh census data (post-2026) and a delimitation exercise to redraw constituencies. This ensures alignment with population demographics but delays enforcement TIME+13Firstpost+13adda247+13.

  • State Ratification: Though traditionally constitutional amendments affecting state representation require ratification by at least 50% of state legislatures, the government argued this was not necessary for this Act. However, critics have raised constitutional concerns Wikipedia+2The Indian Express+2The Times of India+2.


Why the Act Matters

A Historic Correction

After decades of stagnation since its first introduction in 1996 and a lapse in 2010, the Women’s Reservation Bill finally became law in 2023—marking 27 years of struggle and debate The Times of India+15Wikipedia+15The Guardian+15.

Aligns with Local-Level Success

India has seen 33% reservation for women in Panchayats and municipal bodies under the 73rd and 74th Amendments, significantly boosting rural women’s political participation. The new Act extends this upward to national and state levels.

International Parity

With women holding only about 15% of Parliament seats, far below the global average (~24%), this Act promises to bring India closer to international gender representation standards The Times of IndiaAP News.


Challenges & Criticisms

Delayed Implementation

Critics argue that tying the law to census and delimitation delays meaningful change, especially since the next national elections are in 2024, and the reservation won’t be active by then adda247.

Exclusion of OBC/Muslim Women Sub-Quota

Activists and Opposition parties demanded a sub-quota for women from Other Backward Classes (OBCs), Muslims, and marginalised communities. The Act does not include such provisions—raising equity concerns The Hindu.

Elite Capture Risk

There is concern that reserved seats might be dominated by women from privileged, urban backgrounds—replicating patterns seen in local bodies where women candidates often represent upper-caste, politically consolidated families The Times of India+15Outlook India+15The Times of India+15.

Constitutional Concerns

Some scholars argue that since the amendment changes constituency composition, state ratification should have been legally required. The government bypassed this step, prompting critics to question its procedural validity The Indian Express+1The Times of India+1.


Impact & Road Ahead

  • Representation Jump: Number of women MPs in Lok Sabha expected to increase from ~82 to ~181 once fully implemented The Times of India.

  • Policy Implications: Greater women's participation could influence legislation on education, health, gender-based violence, and economic equity.

  • Need for Complementary Reforms: Critics stress the need for internal party democracy, electoral reforms, campaign finance regulation, and grassroots capacity-building to ensure meaningful inclusion.


Conclusion

The Women’s Reservation Act, 2023 is a monumental milestone in India’s democratic and gender equality journey. It breaks the glass ceiling in political representation and supports the vision of inclusive governance. However, the full benefits depend on swift implementation, political will, and continued debate on equity within representation.

This Act represents both the promise and limitation of legislative reform: far-reaching in principle—but contingent on systemic follow-through.