Women’s reservation and delimitation should be delinked
The 106th Constitutional Amendment Act (Nari Shakti Vandan Adhiniyam/NSVA) conditionally linked women's reservation to delimitation and Census, raising concerns about indefinite deferral. The debate around delinking these two processes—and the implications of the 131st Amendment Bill adding a third linkage (increased seats)—tests aspirants' understanding of constitutional amendment procedure, federalism, and representation. This is a high-probability Mains question on political representation, constitutional amendments, and gender justice.
Key facts
- The 106th Constitutional Amendment Act (2023), also called Nari Shakti Vandan Adhiniyam (NSVA), reserves 33% seats for women in Lok Sabha and state Assemblies.
- NSVA links implementation to: (1) completion of next Census, and (2) delimitation exercise post-Census — effectively deferring reservation by a decade or more.
- The proposed 131st Amendment Bill reportedly adds a third linkage: increase in total number of seats in legislatures.
- Critics argue delinking women's reservation from delimitation would allow immediate implementation within existing seat counts.
- Delimitation is the process of redrawing constituency boundaries, conducted by the Delimitation Commission under the Delimitation Act.
- The last delimitation in India was carried out in 2002 (effective 2008) based on the 2001 Census; the next awaits the 2021 Census.
The 131st Amendment Bill not only retains the flawed linkages of the NSVA, it adds a third linkage of increased seats.
Concepts to know
Passed in 2023, it inserts Articles 330A and 332A to reserve one-third seats for women in Parliament and state legislatures, but conditions implementation on a post-Census delimitation, raising fears of long delay.
Delimitation is the act of redrawing the boundaries of parliamentary and assembly constituencies, usually after a census. It is carried out by a Delimitation Commission under the Delimitation Act to ensure population-proportional representation.
A statutory body constituted under the Delimitation Act to determine the number and boundaries of constituencies for elections to the Lok Sabha and State Assemblies; its orders have the force of law and cannot be questioned in any court.
Newly inserted by the 106th Amendment, it provides for reservation of seats for women in the House of the People (Lok Sabha), including within SC and ST reserved constituencies.
Article 368 governs the procedure to amend the Constitution. Certain amendments require a special majority — i.e., a two-thirds majority of members present and voting AND a majority of the total membership of each House.
A proposed constitutional amendment bill that allegedly adds a third precondition—increase in total legislative seats—before women's reservation can be operationalised, further delaying implementation.
Linked previous-year questions
The UPSC questions this story connects to.
Match List-I with List-II and select the correct answer using the codes given below the lists: List–I (Amendments to the Constitution) List–II A. The Constitution (Sixty-ninth Amendment) Act, 1991 1. Establishment of state level Rent Tribunals B. The Constitution (Seventy-fifth Amendment) Act, 1994 2. No reservations for Scheduled Castes in Panchayats in Arunachal Pradesh C. The Constitution (Eightieth Amendment) Act, 2000 3. Constitution of Panchayats in Villages or at other local level D. The Constitution (Eighty-third Amendment) Act, 2000 4. Accepting the recommendations of the Tenth Finance Commission 5. According the status of National Capital Territory to Delhi (a) A-5, B-1, C-4, D-2 (b) A-1, B-5, C-3, D-4 (c) A-5, B-1, C-3, D-4 (d) A-1, B-5, C-4, D-2
- a.A-5, B-1, C-4, D-2 ✓
- b.A-1, B-5, C-3, D-4
- c.A-5, B-1, C-3, D-4
- d.A-1, B-5, C-4, D-2
Polity · UPSC 2001Match List-I (Article of Indian Constitution) with List-II (Provisions) and select the correct answer using the codes given below the list: List–I (Article of Indian Constitution) A. Article 16 (2) B. Article 29 (2) C. Article 30 (I) D. Article 31 (I) List–II (Provisions) 1. No person shall be deprived of his property save by the authority of law 2. No person can be discriminated against in the matter of public appointment on the ground of race, religious or caste 3. All minorities whether based on religion or language shall have to establish and administer educational institutions of their choice 4. No citizen shall be denied admission into any educational institution maintained by the State, or receiving State aid, on grounds of religion, race, caste, language or any of them (a) A-2, B-4, C-3, D-1 (b) A-3, B-1, C-2, D-4 (c) A-2, B-1, C-3, D-4 (d) A-3, B-4, C-2, D-1
- a.A-2, B-4, C-3, D-1 ✓
- b.A-3, B-1, C-2, D-4
- c.A-2, B-1, C-3, D-4
- d.A-3, B-4, C-2, D-1
Polity · UPSC 2002Consider the following statements: 1. There is no provision in the Constitution of India to encourage equal pay for equal work for both men and women. 2. The Constitution of India does not define backward classes. Which of the statement(s) given above is/are correct? (a) I only (b) 2 only (c) Both I and 2 (d) Neither I nor 2
- a.I only
- b.2 only ✓
- c.Both I and 2
- d.Neither I nor 2
Polity · UPSC 2006Given below are two statements, one labelled as Assertion (A) and the other labelled as Reason (R). Assertion (A): Reservation of thirty-three percent of seats for women in Parliament and State Legislature does not require any Constitutional amendment. Reason (R): Political parties contesting elections can allocate thirty-three percent of seats they contest to women candidates without any Constitutional amendment. In the context of the above two statements, which one of the following is correct? (a) Both A and R are true and R is the correct explanation of A (b) Both A and R are true but R is not the correct explanation of A (c) A is true but R is false (d) A is false but R is true
- a.Both A and R are true and R is the correct explanation of A
- b.Both A and R are true but R is not the correct explanation of A
- c.A is true but R is false
- d.A is false but R is true ✓
Polity · UPSC 1997Consider the following statements regarding 'Nari Shakti Vandan Adhiniyam': 1. Provisions will come into effect from the 18th Lok Sabha. 2. This will be in force for 15 years after becoming an Act. 3. There are provisions for the reservation of seats for Scheduled Castes Women within the quota reserved for the Scheduled Castes. Which of the statements given above are correct? (a) 1, 2 and 3 (b) 1 and 2 only (c) 2 and 3 only (d) 1 and 3 only
- a.1, 2 and 3
- b.1 and 2 only
- c.2 and 3 only ✓
- d.1 and 3 only
Polity · UPSC 2024Which reference to the Delimitation Commission, consider the following statements: 1. The orders of the Delimitation Commission cannot be challenged in a Court of Law. 2. When the orders of the Delimitation Commission are laid before the Lok Sabha or State Legislative Assembly, they cannot effect any modifications in the orders. Which of the statements given above is/are correct? (a) 1 only (b) 2 only (c) Both 1 and 2 (d) Neither 1 nor 2
- a.1 only
- b.2 only
- c.Both 1 and 2 ✓
- d.Neither 1 nor 2
Polity · UPSC 2012
Get the full brief — free
Every story syllabus-mapped, the exact NCERT page to revise, a daily MCQ quiz and more — start free, no card needed.
Start free →