Women’s Reservation and Delimitation of Constituencies

Women’s Reservation and Delimitation of Constituencies

The Constitution of our nation was formed through extensive deliberations spanning two years, eleven months, and seventeen days. Our Constitution is not merely a legal document; it is the enduring foundation of a people's existence. Consequently, it is a fundamental principle that any discussions or amendments pertaining to it must be executed with profound wisdom, caution, and foresight.

Is Reservation in Local Self-Governments Sufficient?

The demand for women’s reservation in legislative bodies has been a long-standing aspiration in our country. Female representation should not be confined solely to local self-government institutions. Despite being delayed for years due to debates over sub-reservations and other logistical hurdles, the Women’s Reservation Bill finally received "in-principle" approval in 2023. However, its practical implementation remained contingent upon specific constitutional prerequisites.

Three Years Since the Notification of Nari Shakti Vandan Adhiniyam

The Constitutional Amendment for women’s reservation was officially notified on September 28, 2023. This followed the passage of the relevant amendment bills in the Lok Sabha on September 20, 2023, and the Rajya Sabha on September 21, 2023. It came to be recognized as the **Constitution (106th Amendment) Act, 2023**.

While this reservation is mandated for a period of 15 years through the insertion of **Article 334A**, a critical proviso exists: the amendment shall come into effect only after the delimitation of constituencies is carried out based on the relevant figures of the first Census conducted after the commencement of the Act. This implies that for women's reservation to be operationalized, a post-2023 Census and a subsequent delimitation exercise are mandatory.

Currently, the allocation of Lok Sabha seats is based on the 1971 Census. The **84th Constitutional Amendment** stipulated that the number of seats shall remain frozen until 2026. This moratorium was intended to ensure that states were not penalized for successfully implementing population control measures, thereby maintaining a balance in national interests.

Objectives of the Proposed Constitutional Amendment

It is within this context that the new Amendment Bill (Bill No. 107 of 2026) was introduced and discussed in the Lok Sabha. As is well known, the Bill failed to pass. Under **Article 82** of the Constitution, delimitation can only be conducted based on the figures of a new Census taken after the year 2026.

The Statement of Objects and Reasons of the failed Bill noted that while the freeze on delimitation until 2026 served a general purpose, significant demographic shifts have since occurred, leading to proportional disparities across various constituencies. Furthermore, the Bill sought to link the implementation of the **Nari Shakti Vandan Adhiniyam (2023)** with this new proposal.

The primary objective was to facilitate delimitation without waiting for the completion of a fresh Census. To achieve this, the amendment sought to omit the phrases **"upon the completion of each census"** and **"every census is completed"** from Article 82. By substituting these with terminology that allowed delimitation regardless of a concluded Census, the Bill effectively attempted to bypass the mandatory Census requirement.

The Nexus Between Seat Increase and Reservation

The proposed amendment also sought to increase the maximum strength of Parliament from 550 members to 850. By coupling the implementation of women's reservation with an accelerated delimitation process (independent of a fresh Census), the government attempted a dual-purpose reform.

However, this created a complex political scenario: by opposing a rushed delimitation before the next general election, the opposition was framed as also opposing the immediate implementation of women’s reservation. The ensuing political discourse will likely hinge on how both the treasury and opposition benches interpret and explain this strategic linkage.

Note:Why should delimitation be inextricably linked to women’s reservation? Let delimitation proceed on its own course following the next Census. If the objective is the swift empowerment of women, **Article 334A(1)** could be amended to remove the clause requiring a post-2023 Census-based delimitation. By implementing the reservation within the existing seat framework, the policy could take effect immediately, leaving no room for principled opposition from any genuine advocate of women's rights.

References:

 1. Article 82, Constitution of India.

 2. Article 334A, Constitution of India (inserted via the 106th Amendment Act, 2023).

 3. Proposed amendments to Articles 82 and 334A in Bill No. 107/2026, defeated in Lok Sabha on April 16, 2026.

 4. The Delimitation Bill 2026, introduced in Lok Sabha on April 16, 2026.