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Constitutional Amendment / Women Reservation Act 2023 — UPSC Mains Model Answer

Polity · UPSC CSE
Question: Nari Shakti Vandan Adhiniyam 2023 — provisions, significance, and implementation challenges for women's political representation

Introduction

The Constitution (One Hundred and Sixth Amendment) Act, 2023, known as the Nari Shakti Vandan Adhiniyam, marks a structural intervention to address the chronic under-representation of women in India's legislative bodies.

Body

1. Core Provisions and Scope

The Act reserves one-third of seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly. The reservation applies to seats already reserved for Scheduled Castes and Scheduled Tribes, meaning SC and ST women benefit from a sub-quota within those existing reservations. Seats will be rotated after each delimitation exercise.

2. Deferred Commencement

A critical feature is that the reservation will not take effect immediately; it is contingent upon completion of a fresh delimitation exercise following the next Census. This effectively defers implementation beyond the 18th Lok Sabha, making the claim that provisions commence from the 18th Lok Sabha incorrect.

3. Sunset Clause

The Act carries a sunset clause of 15 years from the date of commencement, after which the reservation will lapse unless Parliament legislates otherwise. This time-bound nature introduces both urgency and uncertainty into the policy framework.

4. Governance and Implementation Challenges

Linking activation to delimitation — itself tied to a Census yet to be conducted — creates administrative ambiguity. Critics argue this design dilutes legislative intent, while proponents contend delimitation ensures equitable geographic distribution of reserved constituencies.

Conclusion

The Act's transformative potential is real but deferred. Timely Census enumeration and delimitation are now prerequisites for actualising women's political empowerment, making administrative efficiency inseparable from constitutional promise.

Word count: 232

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