The Constitution (One Hundred and Sixth Amendment) Act, 2023 - Nari Shakti Vandan Adhiniyam

 In September 2023, the Indian Parliament passed the Constitution (106th Amendment) Act, also known as the Nari Shakti Vandan Adhiniyam, which aims to reserve one-third of seats in the Lok Sabha and Vidhan Sabhas for women, including constituencies allocated for Scheduled Castes and Scheduled Tribes. 

Implementation and Challenges

•  The implementation is deferred until after the next Census and subsequent delimitation, leading to criticism from opposition parties and women's rights groups for unnecessary delays. 
•  The NDA government initially argued that changes are not feasible without updated Census data and delimitation but recently considered using the 2011 Census data for delimitation. 

Proposed Changes and Political Implications

•  Proposals include expanding the Lok Sabha and State Assemblies by nearly 50%, increasing the Lok Sabha's strength from 543 to 816 seats. 
  • This raises questions about representational balance and political fairness.
•  These changes could decouple women's reservation from the upcoming Census and delimitation, possibly influencing upcoming elections and consolidating support for the ruling party. 

Delimitation and Regional Dynamics

•  Delimitation remains contentious due to debates on whether representation should be purely population-based or consider other factors like economic and social dynamics. 
  • This approach may shift political power towards northern states with higher fertility rates, potentially deepening the north-south divide.
•  The government is considering lifting the constitutional freeze on delimitation since the early 1970s, proposing a uniform expansion of seats. 

Data Concerns and Political Calculations

•  Basing women's reservation on outdated 2011 Census data is problematic, as significant demographic changes have occurred since then. 
  • Proceeding with old data risks misrepresenting current realities, yet political calculations favor expedited implementation.

Census Data and Caste Representation

•  The next Census could reveal significant caste data, potentially increasing demands for representing disadvantaged caste groups. 
  • This includes demands for sub-quotas within women's reservation, especially for OBCs including Muslim OBC communities.

Operational Challenges

•  The legislation mandates a one-third quota for women but lacks clarity on the rotation of reserved constituencies, impacting who can contest and from where. 
•  Frequent rotation could disrupt accountability and constituency development, a concern not yet addressed in the current framework. 

Conclusion

 Women's reservation, seat expansion, and delimitation are intertwined changes poised to reorder India's electoral map significantly. These reforms are not marginal adjustments but foundational shifts requiring thorough deliberation based on updated data to avoid distorting representation and undermining the reform's goals. 

Zoya Hasan, Professor Emerita, Centre for Political Studies, Jawaharlal Nehru University.