The Constitution 106th Amendment Act, also known as the Women's Reservation Bill, 2023, was introduced in the Lok Sabha on 19 September 2023 during a special session of Parliament.

This law aims to reserve 33% of seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly. Its main goal is to increase women's representation in politics and ensure their active participation in the decision-making process.

The 106th Constitutional Amendment Act is a topic relevant to the UPSC CSE context under General Studies Paper II. It is a basic topic for aspirants to understand the dynamic aspect of the 106th Constitutional Amendment Act. The 106th Constitutional Amendment Act is an essential topic for UPSC Civil Services because it highlights the key features of the Panchayati Raj of India, which are frequently discussed in the exam. Join UPSC Coaching today to boost your preparation. 

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The 106th Constitutional Amendment Act, 2023 reserves one-third (33%) of all seats for women in the Lok Sabha, State Legislative Assemblies, and the Delhi Legislative Assembly. This includes seats already reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).

The reservation will come into effect after the next census is conducted and published. It will remain in force for 15 years, but Parliament can extend it further if needed. The rotation of reserved seats will happen after each delimitation, based on a law passed by Parliament.

As of now, only 15% of the members in the 17th Lok Sabha (2019–2024) are women. In State Legislative Assemblies, women make up an average of just 9% of the total members.

106th Constitutional Amendment Act 2023- Brief History

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106th Constitutional Amendment Act 2023: Reserving Seats for Women in Parliament and State Assemblies

The 106th Constitutional Amendment Act or Women Reservation Bill of 2023 came into force for 33% reservation for women in the Lok Sabha and State Legislative Assemblies. It seeks to improve women's participation in political decision-making and elevate gender equality in Indian politics. The reservation will be implemented after the completion of the delimitation exercise based on the next census.

• Constitution (106th Amendment) Act, 2023: It was passed by the Parliament of India to ensure one-third reservation for women in the Lok Sabha (Lower House of the Parliament), State Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi. 
• Implementation Timeline: It shall come into effect after the first delimitation exercise is undertaken after this amendment act. 

Key Provisions

• Articles Amended: Article 239AA of the Constitution was amended to reserve one-third of seats for women in the Legislative Assembly of the National Capital Territory of Delhi.
• Articles Inserted: Three new articles were inserted into the Constitution:
  • Article 330A: Reserves one-third of seats for women in the Lok Sabha, including seats reserved for Scheduled Castes (SCs) and Scheduled Tribes (STs).
  • Article 332A: Reserves one-third of seats for women in the State Assemblies, including seats reserved for SCs and STs.
  • Article 334A: Specifies that the Act comes into effect after the subsequent delimitation of constituencies, has a 15-year sunset clause, and allows for extension and periodic rotation of seats by law.

Need for Women's Reservation

• Under-representation: Women currently hold about 14% of seats in the Indian Parliament and an average of 8% in State Assemblies.
• International Comparison: India lags behind neighbouring countries in terms of women's representation in the Lower House of Parliament.
• Political Inequality: The low representation of women in politics contributes to India's poor ranking in the Global Gender Gap report (126 out of 146 countries in 2023).
• Patriarchal Politics: Affirmative action is necessary due to the patriarchal nature of political parties and the barriers faced by women in entering politics.
• Gender-sensitive Policy: Women's representation is essential for addressing societal issues such as crime against women and low labour force participation.
• Local Level Evidence: Reservations at regional levels have improved crime reporting and access to amenities.

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106th Constitutional Amendment Act 2023 - Disadvantages

• Principle of Equality: Reservations may be seen as violating the principle of merit-based competition and equality.
• Voter Choice: Legislative seat reservations may restrict voter self-determination.
• Homogeneity: Women do not form a homogeneous group like castes; different arguments may apply.
• Political Empowerment: Broader electoral reforms are needed for the actual political empowerment of women, or the phenomenon, like Sarpanch Pati in Panchayats, would emerge in these legislative bodies also.
• State Disparities: Variations in the application of reservations across states and the rotation of seats.
• Upper Houses: No provisions for reservations in the Rajya Sabha (upper house of Parliament) or State Legislative Councils.

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