The Constitution (One Hundred and Twenty-Eighth Amendment) Act, 2023, inserted Article 330A and 332A to reserve one-third seats for women in the Lok Sabha and State Legislative Assemblies respectively. However, the reservation is contingent on the completion of the delimitation exercise following the next Census. With the Census still pending, the law exists on paper but remains inoperative, making its implementation timeline constitutionally uncertain and politically significant.

The women's reservation law represents a landmark but conditional constitutional amendment. Articles 330A (Lok Sabha) and 332A (State Assemblies) were inserted by the Constitution (One Hundred and Twenty-Eighth Amendment) Act, 2023, also known as the Nari Shakti Vandan Adhiniyam. The one-third reservation applies within existing categories — including within reserved seats for SCs and STs — rather than adding seats. Crucially, the reservation is triggered only after the delimitation exercise that follows the first Census conducted after the law's commencement. Since the 2021 Census was postponed and has not yet been conducted, the law remains dormant.

Constitutionally, this amendment follows the doctrine of conditional enactment — Parliament has the power to legislate rights that activate upon a specified future event (here, delimitation post-Census). The reservation is for 15 years initially, after which Parliament may extend it. No OBC sub-reservation is included, a significant political omission.

The amendment required ratification by at least half the State Legislatures under Article 368(2) because it affects the composition of State Assemblies — a federal dimension the examiner regularly tests. The Bill was passed unanimously in both Houses in September 2023 in a special session in the new Parliament building. HM Amit Shah's recent statement that SC/ST seats increase with delimitation directly connects to this law's operational trigger.