Nari Shakti Vandan Adhiniyam (Act)

The Women’s Reservation Bill, officially known as the Nari Shakti Vandan Adhiniyam, 2023, was passed by the Indian Parliament in September 2023. It mandates 33% reservation for women in the Lok Sabha (Lower House of Parliament) and State Legislative Assemblies. However, its implementation is contingent on delimitation and a post-2026 census, pushing actual enforcement to 2029 or later.

This bill is considered a landmark step in India’s journey toward gender equality in political representation. However, it has also raised debates on delayed implementation, exclusion of Rajya Sabha, and lack of OBC reservation.

  1. Reservation Structure – Breaking Down the 33% Quota

    The core provision of the bill mandates that one-third (33%) of the total seats in the Lok Sabha and State Assemblies will be reserved for women.

    Key Inclusions

    • Applies to the Lok Sabha, State Legislative Assemblies, and the Delhi Assembly.
    • Sub-reservation for Scheduled Castes (SC) and Scheduled Tribes (ST) women.
    • Reservation will last for 15 years from its implementation date, but it may be extended by Parliament if required.

    Key Exclusions (Controversial Aspects)

    • No reservation for OBC women (a major demand from parties like SP, RJD, and BSP).
    • No reservation for religious minorities (Muslim women are notably excluded).
    • Does NOT apply to Rajya Sabha (Upper House of Parliament) or State Legislative Councils (Vidhan Parishads).
  2. Understanding the Seat Distribution

    The 33% reservation for women is distributed as follows:

    Reserved in Lok Sabha (Parliament’s Lower House)

    • Out of 543 seats in the Lok Sabha, around 181 seats will be reserved for women once implemented.
    • This includes seats already reserved for SC/ST candidates (which will have a sub-quota for women).

    Reserved in State Legislative Assemblies

    • Every state’s 33% seats will be reserved for women candidates.
    • Within this quota, seats reserved for SC/ST categories will have a sub-reservation for women.

    Union Territories with Legislatures

    • Women’s reservation will also apply to Union Territories that have legislative assemblies, such as Delhi, Puducherry, and Jammu & Kashmir.
  3. Rotation of Reserved Seats – A Controversial Mechanism

    One of the most debated aspects of the bill is the provision for rotation of reserved seats.

    How Will Rotation Work?

    • The seats reserved for women will change after every delimitation exercise (which depends on the next census).
    • This means that a seat reserved for women in one election might not remain reserved in the next election.

    Why Is This a Problem?

    1. Political Uncertainty:
      • Male politicians may hesitate to invest in constituency development, fearing they might lose their seat due to reservation.
      • Women politicians may struggle to establish long-term voter connections if their reserved seat changes every election.
    2. Electoral Instability:
      • Frequent seat changes disrupt local political equations and make governance short-term-oriented.
    3. Comparison with Panchayati Raj Experience:
      • A similar rotational reservation system was implemented in Panchayati Raj Institutions (PRIs).
      • While it increased women’s participation, it also led to many women being fielded as temporary candidates controlled by male relatives.

    Solution Suggested by Critics

    • Instead of rotating reserved seats frequently, the reservation should last for at least two election cycles in a constituency.
    • This will allow women to establish leadership and ensure consistent governance.
  4. Duration of Reservation—15 Years with Scope for Extension

    The bill states that the 33% reservation will remain in force for 15 years.

    Why This Provision?

    • Ensures a fixed time period for women’s increased participation in governance.
    • Parliament has the power to extend the reservation beyond 15 years if needed.

    Challenges & Criticism

    What happens after 15 years?

    • If Parliament does not extend the law, the reservation will lapse, potentially reversing progress.
    • The bill does not provide a permanent solution for gender parity in politics.

    Solution Proposed:
    Convert the women’s reservation into a permanent feature rather than a time-bound policy.

  5. Implementation Timeline – Delayed Until 2029 or Beyond

    Why the Delay?

    • The bill mandates that reservation will be implemented only after the first census post-2026 and subsequent delimitation.
    • Since the next census was delayed due to COVID-19, the earliest possible execution is in the 2029 General Elections or later.

    Why Is This a Major Issue?

    • No Immediate Impact: The bill was passed in 2023, but its actual implementation might take 6–10 years.
    • Census Delays = Reservation Delays: If the census is postponed beyond 2026,the reservation could be pushed to 2034 or later.
    • Political Timing Concerns: Some critics argue that the government passed the bill as a symbolic move before the 2024 elections, without providing immediate reservation benefits.

What Could Be Done Instead?

Implement reservation immediately using the existing constituencies, without waiting for delimitation.