Women's reservation kicks in only after delimitation — the constitutional catch
CLAT PGUPSC CSE ●● Medium importance 2 September 2026
Women's reservation kicks in only after delimitation — the constitutional catch

What happened

The Constitution (One Hundred and Sixth Amendment) Act, 2023, commonly called the Nari Shakti Vandan Adhiniyam, reserves one-third of seats for women in the Lok Sabha and State Legislative Assemblies. However, the reservation cannot be operationalised until after a delimitation exercise is conducted following the first Census after the Act's commencement. Home Minister Amit Shah confirmed that SC and ST seat counts will increase with delimitation, linking both processes. The law passed both Houses in September 2023 with near-unanimous support.

Why it matters

The Nari Shakti Vandan Adhiniyam inserts Articles 330A and 332A into the Constitution, mandating one-third reservation for women in the Lok Sabha and State Assemblies respectively. Article 334A sets the sunset clause: the reservation will last for fifteen years from commencement. Critically, the operative trigger is a delimitation exercise conducted after the first Census post-commencement — meaning until both the Census and the subsequent delimitation are completed, no constituency is formally reserved for women under this law.

This structure creates a constitutional paradox worth noting for exams: a right is created but deferred. The law is in force, yet unenforceable without a future demographic event. This is constitutionally significant because it tests the boundary between a justiciable right and a contingent entitlement.

The amendment also provides for reservation of seats for SC and ST women within the overall one-third quota — not as an addition to it. Home Minister Shah's statement that SC/ST seat numbers will increase with delimitation is relevant because any increase in total seats proportionally expands women's reserved seats too.

The amendment required a special majority under Article 368 and ratification by at least half the State Legislatures, given that it affects representation in State Assemblies. It did not require State ratification under Article 368(2) for Lok Sabha changes but did for State Assembly provisions — a distinction the examiner may test.
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