The 106th Constitutional Amendment Act, 2023, officially known as the Nari Shakti Vandan Adhiniyam, is a constitutional Act that mandates the reservation of seats for women in legislative bodies. It was enacted in 2023 to address the long-standing problem of low women's representation in the higher levels of Indian politics, a demand that had been pending since the first attempt to introduce a similar bill in 1996. The Act received the President's assent on September 28, 2023, after being passed by the Lok Sabha on September 20, 2023, and the Rajya Sabha on September 21, 2023.
The Act works by reserving, as nearly as possible, one-third (33%) of the total seats for women in the Lok Sabha, the State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. Key provisions include the insertion of Article 330A for the Lok Sabha and Article 332A for State Legislative Assemblies, which also mandate a sub-quota for women belonging to Scheduled Castes (SCs) and Scheduled Tribes (STs) within the reserved seats. The reservation is set to last for a period of 15 years from its commencement, with the possibility of extension by a law made by Parliament. Seats reserved for women will be allotted by rotation after each delimitation exercise.
The implementation of the reservation is contingent upon two conditions: the publication of the census conducted after the Act's commencement and the subsequent delimitation exercise. This means the Act will not affect the composition of the current Lok Sabha or State Legislative Assemblies until they are dissolved and newly formed after the delimitation. The Act connects to the 73rd and 74th Constitutional Amendments of 1992, which had already mandated a 33% reservation for women in Panchayats and Municipalities, as per Articles 243D(2) and 243T(2), respectively. The Act amends the Constitution by inserting Article 330A, Article 332A, and a clause in Article 239AA (for Delhi). The core principle of 33% reservation for women remains the same as in the earlier, lapsed bills, but the current Act successfully amends the Constitution to make it a legal mandate.