REWRITING REPRESENTATION: THE NARI SHAKTI VANDAN ADHINIYAM AND THE FUTURE OF WOMEN’S POLITICAL EMPOWERMENT

- Garima Bhandari, Student, Law

The Constitutional (One Hundred and Six Amendment) Act, 2023 also known as the Nari Shakti Vandan Adhiniyam address the historical underrepresentation of women in the legislative bodies and thus is a landmark step towards gender-inclusive governance. Initially passed on 20^th September 2023, with an overwhelming majority of 454 votes in favour and only 2 against in a special parliamentary session, the implementation of the amendment now stands at a crucial juncture with the Government’s announcement of a special parliamentary session which is set to commence from today (16^th April) wherein the government is going to set forth certain amendments in the Act so as to fast track the implementation of the Act for the 2029 general elections.

The Act introduced Articles 330A and 332Ato the Constitution whichprovides for the reservation of one-third of seats for women in the Parliament and State Legislative Assemblies, including sub-quotas for Scheduled Castes and Scheduled Tribes women.Another key feature of the Act is that it provides for rotational reservation of constituencies i.e. a system wherein reserved constituencies are changed periodically post every delimitation cycle thus ensuring no single constituency remains reserved permanently and thus benefit of the reservation is distributed fairly across different regions. Such rotational reservation mechanisms have been successfully implemented in the context of local self-government thus addressing concerns regarding continuity and accountability of representation. Further it introduced Article 334A, which provides for a duration of 15 years for the rotational reservation system.

The genesis of this Act can be traced to Article 15(3) of the Indian Constitution which provides for the State to legislate upon special provisions for the welfare of women. Such legislation also is symbolic of a shift from the redundant and archaic ideology of formal equality towards corrective constitutionalism wherein state relies on affirmative actions to remedy structural disadvantages.

The original framework of the Act however, tied the implementation of the act only after a fresh census followed by a delimitation exercise. This delayed implementation thus raised significant legal concerns as it would mean an introducing an indeterminate delay in the enforcement of right that is constitutionally guaranteed.

The proposed 2026 amendments aim to remedy this delay by delinking the implementation of the Act from the upcoming census and delimitation cycle and rather implement the reservations by utilising existing census data. The remedy so proposed has significant legal standing as it in consonance with the principle of effective and timely enforcement of constitutional rights and thus ensuring that such rights don’t remain aspirational.

In addition to one – third reservation for women is legislative bodies, the proposed expansion of the Lok Sabha ensures broader participation. Subsequently, addressing concerns regarding proportional representation that arise due to such expansion, it remains within the sphere of Parliament’s constituent powers and such powers are subject to the fact that the basic structure of the constitution is preserved especially the principle of proportional democratic representation.

With respect to a state like Sikkim which has a relatively smaller legislature, the implementation of the Nari Shakti Adhiniyam would lead the reservation for women in around 10-11 constituencies. This magnitude of reservation has a significant impact on the current compact polity of the state, where electoral competition is already limited and representation is highly concentrated. The system of rotational reservation would therefore compel political parties to invest significantly in women’s leadership and thus recalibrate the candidate selection process. Such a system would also mean that women gain exposure in crucial constituencies wherein their decision making has actual consequences and their inclusion is not merely symbolic. At the same time, the compactness of the legislature also means that the impact of each reserved constituency is magnified thus ensuring that the Act acts an instrument of change, influencing gender composition and priorities of the state in policy making.

The Nari Shakti Vandan Adhiniyam must be viewed as a mechanism that addresses structural imbalances and thus helps deepen substantive democracy. The Act, especially along with the proposed 2026 amendments address procedural delays, ensures timely implementation and also, as our Hon’ble Prime Minister mentioned in the ‘Nari Shakti Vandan Sammelan’ in Delhi,reflects a collective aspiration that has been building across the country. This is not merely an electoral reform but is a constitutional necessity that pushes gender-inclusive governance in India’s democracy.