Nari Shakti Vandan Adhiniyam: Women’s Reservation Act and Delimitation Delay

The Nari Shakti Vandan Adhiniyam, also known as the Women’s Reservation Act, was passed by Parliament in September 2023. 

• It represents a historic shift intended to ensure that 33% (one-third) of seats in the Lok Sabha and State Assemblies are reserved for women.

India’s Position and Historical Context

• Current Representation : Currently, women make up only around 15% of the Lok Sabha. 
  • In comparison, Rwanda has approximately 61% of women in its parliament, and Sweden has nearly 46%.
• Historical Context: The Women’s Reservation Bill has been pending since 1996.
  • It was passed by the Rajya Sabha in 2010 but lapsed in the Lok Sabha.
  • It was finally enacted in 2023, with implementation contingent upon the completion of the Census and delimitation.

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Implementation and the Technical Block

• Conditional Enforcement : The Act will come into force only after a fresh Census and subsequent delimitation of constituencies.
• Census Timeline: The next Census is expected around 2027, with data publication likely to take 12–18 months, extending the process close to 2029.
• Delimitation Process: Under Article 82, a Delimitation Commission  redraw 543 Lok Sabha and around 4,000 Assembly constituencies. Historically, this process has taken 3–6 years.
• Overall Timeline: Given procedural requirements, implementation appears unlikely before 2033–34.

Political Calculations Behind the Delay

• Protection of Existing Seats: Immediate implementation would require reserving about 183 of the existing 543 Lok Sabha seats, potentially displacing sitting MPs.
• Expansion Strategy: By waiting for delimitation, the total seats in the Lok Sabha may increase (potentially to 888), allowing new seats to be given to women without removing existing male representatives

Regional and Social Concerns

• North–South Divide: States that successfully controlled population growth (e.g., Kerala, Tamil Nadu) fear losing relative representation to higher-growth states (e.g., Uttar Pradesh, Bihar) after delimitation.
• Limited Institutional Scope: Reservation applies only to the Lok Sabha and State Legislative Assemblies, excluding the Rajya Sabha and State Legislative Councils.
• No OBC Sub-Quota: While SC and ST women have sub-quotas, OBC women (who constitute nearly 40% of the female population)  have no specific reservation.
• Rotation Mechanism : Rotating reserved seats every election may prevent women from building sustained political bases.

Way Forward

• Invoke Article 15(3): The Union Government should amend the law to remove the Census delimitation condition and operationalise reservation immediately.
• Implementation of 33%: The Government should enforce reservation within the existing 543 Lok Sabha seats.
• Seat Addition: Instead of waiting for a full delimitation, the governments can add 180 additional seats specifically for women to protect the seats of current male MPs while ensuring immediate female representation.

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Conclusion

Delaying implementation weakens the constitutional promise of substantive equality. Representation postponed is equality deferred. Without timely action, gender justice remains symbolic rather than structural.

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