Women’s Reservation Act: How India is amending its own amendment

The government is proposing to remove the Census dependency it built into a 2023 law, and base the expanded Parliament on population data that will be 15 years old by the time the 2029 elections are held
Women’s Reservation Act: How India is amending its own amendment
The Prime Minister at the the Nari Shakti Vandan Sammelan at Vigyan Bhawan in New Delhi.Photo: @narendramodi/X
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On April 9, 2026, Prime Minister Narendra Modi published an op-ed stating that “any delay in advancing women’s representation is, in effect, a delay in strengthening the quality and inclusiveness of our democracy,” according to the Press Information Bureau (PIB). He called it imperative that the 2029 Lok Sabha elections and Assembly elections in the coming years are conducted with women’s reservation in place. Four days later, addressing the Nari Shakti Vandan Sammelan at Vigyan Bhawan in New Delhi on April 13, he set a firm 2029 deadline and confirmed that Parliament will take up the matter from April 16.

The position is correct. The timeline is urgent. The reason it is urgent is that the government’s own 2023 law made it so.  

The 2023 law and its built-in delay

In 2023, Parliament passed the Constitution (One Hundred and Sixth Amendment) Act, 2023, the Nari Shakti Vandan Adhiniyam, rotationally reserving one-third of all seats for women in the Lok Sabha and all State Legislative Assemblies, including the Legislative Assembly of the National Capital Territory of Delhi, according to PIB.

The reservation will come into effect only after the Census conducted following the Act’s commencement has been published. Based on that Census, delimitation will be undertaken to reserve seats for women. The reservation will be provided for a period of 15 years, extendable by Parliament, according to PRS Legislative Research.

Home Minister Amit Shah, during the parliamentary debate in September 2023, told the House that the Delimitation Commission is a quasi-judicial body headed by a retired Supreme Court judge and that it would select the one-third seats to be reserved. He assured Parliament there would be no delay: after the 2024 elections, both Census and delimitation would be completed promptly, according to PIB.

India’s decennial Census, originally scheduled for 2021, was postponed due to the COVID-19 pandemic. The intent of the government to conduct the Population Census 2027 was notified in the Gazette of India on June 16, 2025. The Census is being conducted in two phases. Phase I, the House Listing and Housing Census, began on April 1, 2026, and runs through September 2026. Phase II, Population Enumeration, is scheduled for February 2027. The reference date for the Census is midnight of March 1, 2027. The Union Government has approved an outlay of Rs 11,718.24 crore for the full exercise. More than 3 million enumerators, supervisors, and officials are involved across 36 States and Union Territories, covering 7,092 sub-districts and approximately 6,39,902 villages, according to the Office of the Registrar General and Census Commissioner of India, PIB, March 30, 2026.

Delimitation follows Census completion. As per existing law, the next delimitation exercise may be conducted after the first Census to be taken after the year 2026, according to PIB. The last Delimitation Commission, constituted under the Delimitation Act, 2002, took approximately five years to complete its exercise using 2001 Census data. A comparable exercise following the 2027 Census would push implementation well past the 2029 elections.  

The proposed amendment

Parliament is now being asked to remove the dependency it created three years ago. The government will amend Article 334-A in the 2023 law to enable delimitation based on the 2011 Census. It will also amend the Constitution (84th Amendment) Act, 2001, which froze the total number of Lok Sabha seats based on the 1971 Census until 2026. For early delimitation to raise the strength of the Lok Sabha based on 2011 Census data, this freeze must be lifted, according to PRS Legislative Research.

The proposed amendments will increase the number of Lok Sabha seats from 543 to 816, with 273 seats, one-third of the total, reserved for women. A special three-day sitting of Parliament has been scheduled from April 16 to 18 for this purpose. Both bills require passage as constitutional amendments.

In plain terms: the government is proposing to amend its own amendment, remove the Census dependency it built into the 2023 law, and base the expanded Parliament on population data that will be 15 years old by the time the 2029 elections are held.  

The data quality question

Using 2011 Census data for delimitation in 2026 is a deliberate trade-off: speed of implementation against accuracy of demographic representation. The 2011 Census recorded India’s population at 121 crore (1.21 billion). India’s population in 2027, the year the ongoing Census will enumerate, is substantially higher. Constituency boundaries drawn on 15-year-old data will not reflect where people actually live when the 2029 elections are held.

The government froze all administrative units from January 1, 2026, to March 31, 2027, to support the accuracy of the ongoing Census exercise, according to the Office of the Registrar General and Census Commissioner of India, PIB, March 30, 2026. The delimitation proposed under the amendment will use data collected before that freeze was even considered necessary.

The Act also continues to exclude Other Backward Classes. As Home Minister Shah stated in 2023, the 33 per cent reservation applies across three categories: General, which includes OBC, Scheduled Caste, and Scheduled Tribe, with one-third of seats reserved for women within each category, according to PIB. OBCs do not receive a separate sub-quota within the women’s reservation framework.  

Lessons from local governance

The 73rd and 74th Amendments to the Constitution, passed in 1992, reserved one-third of seats in Panchayati Raj Institutions and Municipalities for women. Over 1.45 million women, constituting 46 per cent of elected representatives in Panchayati Raj Institutions, now hold office against a mandatory requirement of 33 percent, according to PIB.

This is the largest expansion of women’s political participation in post-independence India and establishes that institutional quotas alter participation rates when implemented consistently. The Panchayati Raj experience also shows that seat allocation alone does not resolve the conditions that constrain elected women once in office. Rotation of reserved seats created leadership discontinuities in multiple states. The autonomy of elected women representatives varied significantly depending on local social and political conditions. These outcomes do not negate the value of reservation, but they establish that the design details of implementation matter.

At the level of Parliament, the constraints are sharper. Electoral competition is more resource-intensive, party structures are more hierarchical, and candidate selection is tightly controlled by party leaderships. The Nari Shakti Vandan Adhiniyam, in both its 2023 form and its proposed 2026 amendment, does not intervene in any of these domains.  

The international reference

Several countries have operationalised women’s legislative quotas at the point of constitutional adoption, without subordinating implementation to a prior administrative sequence. India’s 2023 Act was the exception in building a dependency chain into its own implementation clause. The proposed 2026 amendment removes that chain but replaces it with a different constraint: demographic data that is already outdated.  

What success requires

The PMO stated on April 9 that the passage of the bill for women’s reservation should reflect the broadest possible consensus and be guided by the larger national interest. Three specific conditions would make this reform accessible rather than aspirational.

First, the Delimitation Commission, once constituted, should publish constituency-by-constituency impact assessments before finalising reserved seat allocations. This is essential for public accountability when seat counts are expanding from 543 to 816.

Second, Parliament should legislate the rotation mechanism before the 2029 elections. The 2023 Act left rotation rules to future parliamentary action. Without a fixed design, women elected from reserved seats have no certainty about whether they will be eligible to contest the same constituency in a subsequent election, which limits investment in long-term constituency work.

Third, complementary measures are needed to close the gap between numerical presence and policy influence. Women held 9 per cent of seats in state assemblies on average as of 2023, according to PRS Legislative Research, despite decades of political engagement. Seat reservation addresses entry into legislative institutions. It does not address the conditions that shape participation and influence within them.

India’s Census house listing began on April 1, 2026, covering 36 States and Union Territories at a cost of Rs 11,718.24 crore, the most extensive enumeration exercise since 2011. Three days after Parliament opens to amend the law that made that Census a prerequisite for women’s reservation, the same Census becomes irrelevant to delimitation. That is not a contradiction to be resolved by rhetoric. It is a policy design problem that the amendment itself does not fix.

The seats are being created. The conditions for occupying them remain to be built. 

Sagari Gupta is a public policy researcher with over eight years of experience in social development, governance reforms, and data-driven policy analysis in India.

Views expressed are the author’s own and don’t necessarily reflect those of Down To Earth

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