Women's Reservation Act 2023: A Critical Overview

The passage of the Women's Reservation Act by Parliament in September 2023 was seen as a landmark achievement for gender justice in India. The Act reserves one-third of all Lok Sabha and State Assembly seats for women, aiming to rectify decades of legislative inaction. However, it includes a clause deferring implementation until "after the first Census taken after the year 2026" and subsequent delimitation, effectively making implementation by 2029 impossible without further constitutional amendments.

Implementation Challenges

• Constitutional and Logistical Requirements:
  • A national Census is scheduled for 2027, followed by the publication of data which historically takes 12 to 18 months.
  • A Delimitation Commission under Article 82 will be established to redraw constituencies, a process historically taking no less than three years.
• Political and Demographic Implications:
  • Immediate implementation would have displaced male incumbents, thus the reservation was tied to delimitation to avoid electoral costs.
  • Expected increase in Lok Sabha seats post-2027 Census could accommodate women’s reservation without displacing current members.
  • Delimitation will address the north-south seat distribution imbalance, an issue stalled since 1976 due to demographic shifts.

Unanswered Questions and Design Flaws

• Exclusion from Upper Houses: The Act does not extend to the Rajya Sabha and State Legislative Councils. 
• Lack of OBC Sub-Reservation: While Scheduled Caste and Tribe women have quotas, Other Backward Class (OBC) women, who form nearly 40% of India’s female population, do not. 
• Unclear Rotation Mechanism: Reserved constituencies are to rotate without clarity on implementation, causing potential legal and practical challenges. 

Proposed Solutions

• Amendments and Immediate Action:
  • Constitutional amendments can delink reservation from delimitation, allowing immediate implementation within current constituencies.
  • Lok Sabha expansion by adding 180 seats exclusively for women can be considered as an interim measure.
• Design Revisions:
  • Extend reservation to Upper Houses and include OBC sub-reservation.
  • Develop clear rules for constituency rotation in consultation with women’s organizations and constitutional experts.

Call to Action

Parliament must act decisively to convert the constitutional promise of women's reservation into a reality. Deliberations should focus on immediate implementation strategies rather than further delays. The principle that "representation delayed is representation denied" should guide legislative actions to ensure that Indian women, who have waited long enough, are not subjected to further postponement in exercising their electoral rights.