Unit 11.1: 106th Amendment (2023) β Women's Reservation (Delayed Implementation post-2026).
Indian Polity β Indian Polity β 2026 Modern Legal Updates β 2026 Modern Legal Updates β Amendments & Reservation | Author: admin | Feb 10, 2026
Introduction & Significance
The Constitution (One Hundred and Sixth Amendment) Act, 2023 (also called Nari Shakti Vandan Adhiniyam) provides for reservation of one-third seats for women in the Lok Sabha and State Legislative Assemblies (including Delhi). It is the first major gender-based reservation in elected bodies at the national and state level.
- Exam Weightage: 2β5 questions in SSC CGL/CHSL/MTS (focus on articles added, implementation delay, linked articles); 1β3 in RRB NTPC/ALP (MCQs on duration, census link); very high in State PSCs (Telangana/UP focus on state assembly impact).
- Significance: Fulfills long-standing demand for women's political empowerment; amends Articles 239AA, 330A, 332A, 334A; inserts new articles. Builds on 73rd & 74th Amendments (1/3 reservation in PRIs/ULBs).
- Current Relevance (Feb 2026): The reservation has not come into effect. Implementation is deferred until the first census after commencement is completed and delimitation exercise is finished (Art 334A). The next census (2021 delayed) is now expected in 2026β27 ? delimitation likely 2028β29 ? earliest possible implementation Lok Sabha elections 2029 or later. No fresh constitutional amendment has altered this timeline as of Feb 2026.
Chronological Timeline
- 1996: First Women's Reservation Bill (H.D. Deve Gowda govt) introduced β lapsed.
- 1998β2004: Bill reintroduced multiple times (NDA & UPA) β lapsed due to opposition.
- 2008: UPA-II bill passed in Rajya Sabha (Mar 2010) β lapsed in Lok Sabha.
- 2010: Rajya Sabha passes bill (33% reservation) β no Lok Sabha vote.
- 2014β2019: No progress under NDA-I.
- 2023: 106th Amendment Bill introduced (Sep 19), passed Lok Sabha (Sep 20), Rajya Sabha (Sep 21), Presidential assent (Sep 28).
- 2023 Sep 28: Act notified β but implementation deferred (Art 334A).
- 2024: No census; delimitation postponed.
- 2025: Union govt states census likely 2026β27; no change in Art 334A timeline.
- Feb 2026: Still no census notification; reservation remains non-operational.
Concept Explanation / Deep Dive
The 106th Amendment reserves one-third seats for women in Lok Sabha and State Assemblies (including Delhi). Reservation applies to seats already reserved for SC/ST and to unreserved seats (rotation). It does not apply to Rajya Sabha or State Legislative Councils.
- Evolution: From voluntary party quotas ? failed bills (1996β2010) ? 2023 passage after political consensus (NDA + opposition support).
- Key Provisions:
- New Art 330A (Lok Sabha), 332A (State Assemblies)
- Art 239AA(2A) β Delhi Assembly
- Art 334A β Duration & implementation condition (census + delimitation)
- Reservation for 15 years (extendable by Parliament)
- Rotation of reserved seats after each delimitation
- Implementation Hurdle: Art 334A states reservation βshall come into effectβ only after the first census post-commencement and subsequent delimitation exercise. No retrospective effect.
- Linkages: 73rd/74th Amend ? 1/3 in PRIs/ULBs ? 106th extends to Parliament/Assemblies ? Art 334A ? Census 2026β27 ? Delimitation 2028β29 ? Earliest Lok Sabha 2029.
Key Terminology Box
- 106th Constitutional Amendment Act, 2023: Nari Shakti Vandan Adhiniyam β Women's Reservation Act.
- Art 330A: Reservation of 1/3 seats for women in Lok Sabha.
- Art 332A: Reservation of 1/3 seats for women in State Legislative Assemblies.
- Art 334A: Special provision β implementation after census + delimitation; duration 15 years (extendable).
- Rotation of Seats: Reserved seats change after each delimitation (Art 330A/332A).
- Grandfathering: Existing reserved SC/ST seats remain; women quota applied additionally.
Important Constitutional / Factual Details
- New/Amended Articles: 239AA(2A), 330A, 332A, 334A.
- Duration: 15 years from commencement of reservation (extendable by Parliament).
- Applicability: Lok Sabha + State Legislative Assemblies (incl. Delhi); not Rajya Sabha or State Councils.
- Amendments linked: Builds on 73rd (1992), 74th (1992), 101st (2016 β not related), 103rd (2019 β EWS).
- Committees: Earlier β Joint Parliamentary Committee (1990s), Standing Committee (2010).
- Cases: No major constitutional challenge yet (as of Feb 2026); possible future challenge on Art 334A delay or rotation mechanism.
- Borrowed Features: Gender quota inspiration from countries like Rwanda, Sweden (party lists) β India first major constitutional quota for legislature.
Powers, Functions, Relations, Features
- Powers/Functions: No new institution; only seat reservation. Delimitation Commission will redraw constituencies post-census to accommodate quota.
- Features: 1/3 quota applies to total seats (including SC/ST reserved seats). Rotation after each delimitation. No quota in Rajya Sabha/State Councils.
- Relations: ParliamentβStates: Applies uniformly to both. Election CommissionβDelimitation Commission: EC conducts polls on new seats; Delimitation Commission redraws.
- CentreβState: Uniform application; states cannot opt out or alter quota percentage.
Frequently Asked Exam Facts
- Firsts: First constitutional gender quota in national/state legislatures (2023).
- Numbers: 1/3 (?181 seats in current 543-member Lok Sabha); 15 years duration (extendable).
- Exceptions: Not applicable to Rajya Sabha, State Legislative Councils, or nominated seats.
- High-Yield: Implementation tied to census + delimitation (Art 334A); no immediate effect (2026 status).
Comparison Tables / Charts
| Aspect | 73rd & 74th Amendments | 106th Amendment (2023) |
|---|---|---|
| Reservation Level | Panchayats & Municipalities | Lok Sabha & State Assemblies |
| Percentage | 1/3 (some states 50%) | 1/3 |
| SC/ST women | Included in rotation | Included |
| Duration | Permanent | 15 years (extendable) |
| Implementation | Immediate after 1993 | Deferred (census + delimitation) |
| Rajya Sabha / Council | No | No |
| Feature | 106th Amendment | Current Status (Feb 2026) |
|---|---|---|
| Enactment | Sep 2023 | Passed & assented |
| Commencement | Date to be notified | Not yet commenced |
| Trigger for effect | First census + delimitation | Census pending (2026β27 expected) |
| Earliest effect | Next Lok Sabha after delimitation | Likely 2029 elections or later |
Solved Example Questions
- Question: The 106th Constitutional Amendment Act is related to? Answer: Reservation of seats for women in Lok Sabha and State Assemblies. Explanation: Commonly known as Women's Reservation Bill / Nari Shakti Vandan Adhiniyam.
- Question: Under which new article is reservation for women provided in Lok Sabha? Answer: Article 330A. Explanation: Inserted by 106th Amendment; similar provision in 332A for states.
- Question: When will the women's reservation come into effect as per the 106th Amendment? Answer: After the first census after commencement and subsequent delimitation. Explanation: Article 334A β deferred implementation.
- Question: For how many years is the reservation for women provided under the 106th Amendment? Answer: 15 years (extendable by Parliament). Explanation: Provisional period; Parliament may extend.
- Question: Does the 106th Amendment apply to Rajya Sabha? Answer: No. Explanation: Only Lok Sabha and State Legislative Assemblies (not Councils).
- Question: As of February 2026, is the women's reservation in Lok Sabha operational? Answer: No. Explanation: Deferred until census and delimitation are completed.
Flowchart Summary
Implementation Process (Text-Based): Act Passed & Assented (Sep 2023) ? Commencement Date Notified ? First Census after Commencement ? Delimitation Exercise ? New Seats Reserved (1/3 women) ? Rotation after Delimitation ? Reservation Effective ? End (15 years initial).
Ultra-Short Exam Capsule
- 106th Amendment β 2023.
- Name β Nari Shakti Vandan Adhiniyam.
- Reservation β 1/3 seats for women.
- Applies to β Lok Sabha + State Assemblies (incl. Delhi).
- New Articles β 330A, 332A, 334A.
- Duration β 15 years (extendable).
- Implementation β Post census + delimitation.
- Not applicable β Rajya Sabha, State Councils.
- Current status β Not yet in force (Feb 2026).
- Linked to β 73rd & 74th (local bodies quota).
- Census trigger β First after commencement.
- Delimitation β Required before effect.
- Rotation β After each delimitation.
- SC/ST women β Included in quota.
- Earliest effect β Likely 2029 LS polls.
Type 2 β Quick Revision & Exam Tricks
Highlights & High-Yield Points
- Core: 106th Amend (2023) β 1/3 women reservation in Lok Sabha & Assemblies.
- Key Articles: 330A (LS), 332A (States), 334A (duration & deferment).
- Deferment Condition: Census + Delimitation first (Art 334A).
- Duration: 15 years (Parliament extendable).
- Exam Focus: Why delayed? (census + delimitation); not in Rajya Sabha/Councils.
Tricky Points, Common Exam Traps
- Trap: Already implemented β No, deferred till census + delimitation.
- Trap: Applies to Rajya Sabha β No, only directly elected houses.
- Trap: Permanent reservation β No, 15 years + extension.
- Trap: 50% quota β No, 1/3 (some states have 50% in local bodies).
- Trap: Immediate effect after 2023 β No, conditional commencement.
Memory Aids / Mnemonics
- Articles: "330A LS, 332A States, 334A Delay".
- Condition: "Census + Delimitation = Commencement".
- Duration: "15 + Extension".
- Not covered: "No RS, No Council".
Quick Bullet-Style Revision Notes
- Passed: Sep 2023.
- Assent: 28 Sep 2023.
- Quota: 1/3 women seats.
- Scope: LS + Assemblies (incl. Delhi).
- Exclusions: Rajya Sabha, State Councils.
- Trigger: First census after commencement + delimitation.
- Duration: 15 years (extendable).
- Rotation: After each delimitation.
- Current: Not operational (Feb 2026).
- Link: Builds on 73rd/74th local body quota.
Confusing or Easily Mistaken Concepts
- 106th vs 73rd/74th: 73rd/74th β PRIs/ULBs (already in force); 106th β Parliament/Assemblies (delayed).
- Reservation in seats vs offices: 106th β seats only (no office of chairperson reserved).
- Census trigger vs immediate: Deferred (unlike local bodies quota).
- Extendable vs permanent: 15 years initial, Parliament can extend (like SC/ST reservation).
Type 3 β PYQs & Expected Questions
Previous Year Questions
- SSC CGL 2024: The 106th Constitutional Amendment Act provides reservation for? Final Answer: Women in Lok Sabha and State Legislative Assemblies.
- RRB NTPC 2024: Implementation of women's reservation (106th Amend) is linked to? Final Answer: Census and delimitation.
- SSC CHSL 2023: For how many years is reservation for women provided under 106th Amendment? Final Answer: 15 years.
- TSPSC 2024: Does the 106th Amendment apply to Rajya Sabha? Final Answer: No.
- SSC MTS 2024: The Nari Shakti Vandan Adhiniyam is related to which amendment? Final Answer: 106th Amendment.
Expected/High-Probability Questions
- Why is the women's reservation (106th Amend) not yet implemented? (trend: Delay mechanism in SSC).
- Articles inserted/amended by 106th Amendment (pattern: New articles in PSCs).
- Comparison: 106th Amendment vs 73rd/74th Amendments (high-prob: Local vs national).
- Duration and extension provision under Art 334A (scope: Time-bound nature).
- Role of census and delimitation in triggering reservation (trend: Implementation condition).
- Applicability to Delhi Assembly and exclusion of Rajya Sabha (exam-centric: Scope).
- Current status and expected timeline as of 2026 (high-prob: Recent affairs + deferment).
Related Notes
- Unit 12.1: BNS (Bharatiya Nyaya Sanhita) β Replaced IPC (1860).
- Unit 13.1: 130th Amendment Bill (Proposed) β Automatic removal of Ministers.
- Unit 11.2: Landmark Amendments β 42nd, 44th, 61st, 101st (GST).
- Unit 12.2: BNSS (Nagarik Suraksha) & BSA (Evidence Act) β Replaced CrPC & Evidence Act.
- Unit 13.2: One Nation One Election β Status and feasibility discussions.