Published On: March 12th 2026
Authored By: Azra Fatma
Aligarh Muslim University Centre Murshidabad
Introduction
To understand the 106th Constitutional Amendment, it is useful to first understand what a constitutional amendment is. The Indian Constitution came into force on 26th January, 1950; it has been 75 years since, and as society is dynamic in nature, it continues to evolve. To keep pace with an evolving society, the law must evolve accordingly. The process by which the Constitution is updated by adding, removing, or changing provisions is referred to as a constitutional amendment. It is essential to keep the Constitution up-to-date and relevant in order to address the contemporary problems faced by society.
Our Constitution has been amended more than a hundred times, owing to its unique feature of blending rigidity with flexibility. Many amendments have sparked widespread debates across the nation, such as the 42nd Constitutional Amendment, often referred to as the ‘mini-constitution’. Another similarly significant amendment that has recently been the subject of national debate is the 106th Amendment Act, 2023. The key provision of the Act is the reservation of seats for women in the Lok Sabha and other governing bodies of the country, aiming to strengthen the position of women in the country by ensuring their participation in national-level decision-making.
This article provides a comprehensive analysis of the 106th Constitutional Amendment Act.
106th Constitutional Amendment
The 106th Constitutional Amendment Act is also known as the Women’s Reservation Act, 2023 or Nari Shakti Vandan Adhiniyam. It was the 127th Constitutional Amendment Bill which received the assent of the President and thereafter became the 106th Constitutional Amendment Act. It was introduced in Parliament on 19th September, 2023 and received Presidential assent on 29th September, 2023.
Overview
The key features of the 106th Constitutional Amendment Act are as follows:
It will reserve one-third (33%) of the total seats in the Lok Sabha (lower house), State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women.
This reservation includes seats already reserved for Scheduled Castes and Scheduled Tribes.
The Act has an expiry period of 15 years, which may be further extended by Parliament.
This reservation will come into effect only after the publication of the next census and a subsequent delimitation exercise.
It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
The rotation of reserved seats allocated for women will be governed by parliamentary legislation after the delimitation exercise.
Historical Ladder of Women’s Reservation
The Women’s Reservation Bill, which aims to empower women by ensuring greater representation in legislative decision-making bodies in India, has had a long and complex journey marked by numerous obstacles. To fully understand the significance of the 106th Amendment, it is necessary to examine the history of this effort.
1. The 73rd and 74th Amendment Acts, 1992
Based on the suggestions and recommendations of the National Perspective Plan for Women 1988–2000, the 73rd and 74th Amendment Acts of 1992 were introduced, reserving one-third of seats for women in Panchayati Raj institutions and urban local bodies.
2. The First Women’s Reservation Bill, 1996
The Women’s Reservation Bill (81st Amendment Bill, 1996) was introduced in the Lok Sabha by the United Front government led by H.D. Deve Gowda on September 12, 1996. The bill sought 33% reservation for women in the Lok Sabha and State Assemblies, but faced strong resistance regarding the sub-category reservation for OBCs. The bill was referred to a Joint Parliamentary Committee led by Geeta Mukherjee, but lapsed with the dissolution of the Lok Sabha.
3. Subsequent Bills: 1998, 1999, 2008, and 2014
Various bills to reserve seats for women in Parliament and State Assemblies were introduced in 1996, 1998, 1999, and 2008. The first three bills lapsed due to the dissolution of their respective Lok Sabhas. The 2008 bill was passed by the Rajya Sabha but lapsed with the dissolution of the 15th Lok Sabha; it was also examined by the Standing Committee. In 2014, the bill faced its final setback, lapsing due to unresolved issues surrounding sub-reservations for OBC and SC/ST categories.
Modifications in the 106th Constitutional Amendment
The 106th Constitutional Amendment introduces several insertions and modifications to existing constitutional provisions in order to achieve the desired objectives.
1. Amendment of Article 239AA
Three new sub-clauses, namely (ba), (bb), and (bc), have been inserted under sub-clause (b) of clause (2) of Article 239AA.
(ba) The Legislative Assembly of the National Capital Territory of Delhi shall reserve seats for women.
(bb) Within the seats in the Legislative Assembly of the National Capital Territory of Delhi already reserved for Scheduled Castes, at least one-third must additionally be reserved for women.
(bc) One-third of the total number of seats in the Legislative Assembly of the National Capital Territory of Delhi to be filled by direct election must be reserved for women, including the seats reserved for women belonging to the Scheduled Castes.
The manner and allocation of this reservation shall be determined by Parliament.
2. Insertion of Article 330A
After Article 330, a new article (Article 330A) has been inserted by this amendment, dealing with Reservation of Seats for Women in the House of the People.
(1) Reserved seats shall be allocated to women in the House of the People (Lok Sabha).
(2) Of the reserved seats under Article 330(2), at least one-third must be reserved for women belonging to Scheduled Castes or Scheduled Tribes.
(3) One-third of the total number of seats in the House of the People to be filled by direct election must be reserved for women, including the seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes.
3. Insertion of Article 332A
After Article 332, a new article (Article 332A) has been inserted, dealing with Reservation of Women in the Legislative Assembly of the States.
(1) Reservation of seats must be provided to women in the Legislative Assembly of every State.
(2) Of the reserved seats under Article 332(3), at least one-third must be reserved for women belonging to Scheduled Castes or Scheduled Tribes.
(3) One-third of the total number of seats in the Legislative Assembly of every State to be filled by direct election must be reserved for women, including the seats reserved for women belonging to the Scheduled Castes and Scheduled Tribes.
4. Insertion of Article 334A
After Article 334, a new article (Article 334A) has been inserted, dealing with Reservation of Seats for Women Takes Effect.
(1) The reservation of seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly will come into effect only after a delimitation exercise based on population data from the first census conducted after the commencement of the 106th Amendment Act, 2023. This reservation will remain in effect for 15 years from the date it is first implemented.
(2) As regards Articles 239AA, 330A, and 332A, the reservation for women shall remain in effect until such date as Parliament may, by law, determine.
(3) Rotation of seats reserved for women in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi shall take place after each subsequent delimitation exercise, as Parliament may by law determine.
(4) Nothing in this article shall affect the existing representation in the Lok Sabha, State Legislative Assemblies, or the Legislative Assembly of the National Capital Territory of Delhi until the current legislative bodies are dissolved and new ones are constituted.
5. Amendment Not to Affect Existing Representation
The changes introduced by the 106th Amendment Act, 2023, regarding the reservation of seats for women will not immediately alter the existing composition of the House of the People, State Legislative Assemblies, or the Legislative Assembly of Delhi. These changes will come into effect only after the dissolution of the current legislative bodies. Until then, representation will remain as it was before the amendment.
Impact on Indian Democracy
The enactment of the 106th Amendment is poised to have profound implications, both in the short term and the long term, for India’s democratic framework.
Short-Term Impact: Symbolic Victory for Gender Justice
As of the time of writing, women hold approximately 14.4% of seats in the Lok Sabha and 11.6% in the Rajya Sabha, which is a considerably low figure given India’s standing on the world stage. A comparative look at women’s representation in other countries illustrates this gap clearly:
Rwanda: Leading globally, women occupy over 60% of seats in Rwanda’s lower house of Parliament.
Cuba and Nicaragua: Both countries have achieved gender parity, with women holding 50% or more of legislative seats.
Mexico and Andorra: Women constitute approximately 50% of the legislative bodies in these nations.
Enacting this amendment may therefore boost India’s global democratic credentials and strengthen its international image. Successful implementation could also influence gender representation policies in South Asian and other developing regions, thereby enhancing India’s soft power.
Long-Term Gains
1. Strengthening Gender Equality in Politics
The amendment guarantees continued female representation, narrowing the gender imbalances that have long persisted in the legislature. Over time, it can normalise women’s leadership and challenge entrenched patriarchal attitudes in political life.
2. Policy Reforms and Governance Transformation
Women lawmakers are likely to prioritise social welfare concerns, including healthcare, education, sanitation, and women’s rights. Greater representation may bring about inclusive policy-making that benefits marginalised groups across the country.
3. Economic and Social Development
Women’s empowerment in politics tends to generate improved economic prospects for women in other spheres as well. Gender-responsive budgets and policies would help improve employment, financial autonomy, and entrepreneurship among women.
4. Increasing Political Engagement of Women
Increased numbers of women in legislatures can motivate greater participation at grassroots levels, including in panchayats and local bodies. Political parties may also be compelled to field more women candidates, resulting in broader cultural change in politics.
Conclusion
The 106th Constitutional Amendment, a long-awaited legislation that has finally received Presidential assent, represents a meaningful step forward in the empowerment of women in the political sphere. Better representation of women at the legislative level has the potential to catalyse positive change in other fields as well. The amendment has the capacity to reshape Indian democracy by fostering gender equality, improving governance, and driving economic growth. However, its ultimate success will depend on effective implementation, sustained political will, and a broader societal acceptance of women’s leadership that extends well beyond reserved seats.
References
[1] Parishi Virani, Women’s Reservation: A Brief Analysis on the 106th Constitutional Amendment and Beyond, Volume 7, International Journal for Multidisciplinary Research (2025).
[2] Neeru Sewa, Political Empowerment of Women in India and Women Reservation Bills (IIP Iterative International Publishers 2024).
[3] Ministry of Law and Justice, Government of India, The Constitution (One Hundred and Sixth Amendment) Act, 2023, E-Gazette of India (Sep. 29, 2023), https://egazette.gov.in/WriteReadData/2023/249053.pdf.
[4] The Constitution (One Hundred and Twenty-Seventh Amendment) Bill, 2023, Indian Kanoon, https://indiankanoon.org/doc/7077808/.
[5] Editorial Board, Legislating Change, The Hindu (Sep. 21, 2023), http://www.thehindu.com/opinion/editorial/legislating-change-the-hindu-editorial-on-the-passage-of-the-womens-reservation-bill-in-the-lok-sabha/article67326448.ece.
[6] Observer Research Foundation, Women’s Representation in India’s Parliament: Measuring Progress, Analysing Obstacles, ORF Online, http://www.orfonline.org/research/women-s-representation-in-india-s-parliament-measuring-progress-analysing-obstacles.
