Beyond Women’s Reservation

Next week, the Parliament is scheduled to consider amendments bringing forward the implementation of the Constitution (106th Amendment) Act, 2023 (also referred to as the ‘Nari Shakti Vandan Adhiniyam’ or the Women’s Reservation Act). The 106th Amendment, widely regarded as a historic and welcome step, provides for the reservation of one-third of seats in the Lok Sabha (‘LS’) and State Legislative Assemblies for women, while linking its implementation to the next census (2027) and the subsequent delimitation exercise.

Reports suggest that the forthcoming amendments may substantially alter this framework by increasing the size of the Lok Sabha to accommodate the reservation, and implementing it as per the 2011 Census instead of the 2027 Census mandated earlier.

This note argues that while the implementation of women’s reservation is both necessary and widely supported, the proposed amendments’ use of outdated Census data for delimitation and the proposed pro-rata approach to allocating seats to States in Parliament raise complex constitutional questions that are important to scrutinise.

It makes the following key observations: 

1. The reliance on the 2011 Census would result in constituencies being redrawn on the basis of outdated demographic data, failing to reflect population changes over the past fifteen years. This would affect both parliamentary and state assembly constituencies, and in turn, the fairness of representation.
2. The adoption of a pro-rata model proposed by the Union government, under which seats are increased for all States in proportion to their current share to ensure that no State loses representation, is arguably in tension with Articles 81 and 82, which requires seats to be distributed on the basis of updated population data.
3. The proposed amendments raise broader questions of parliamentary design. Expanding the Lok Sabha alone fails to address structural problems of how States are represented and what powers they exercise. A more durable response lies in strengthening the Rajya Sabha as a forum for States’ representation. 
4. The increase in the size of the Lok Sabha will require a fresh delimitation exercise. However, the past delimitation exercises in India have been opaque and largely insulated from scrutiny, with limited transparency in methodology and decision-making. Any new framework must, therefore, prioritise independence and transparency to ensure accountability.

Clarification: 

Some of these constitutional concerns raised in the note may be clarified, qualified, or addressed in the text of the amendment itself, which is not yet in the public domain. A fuller assessment will be undertaken once the proposed text is available.

For more research on delimitation in India and other constitutional questions, explore the work of Charkha, the Constitutional Law Centre at Vidhi, linked below.

About the Authors

Swapnil Tripathi  (Lead (Charkha))

Swapnil is the Lead at Charkha (Centre for Constitutional Law) at Vidhi. His areas of specialisation are judicial review and constitutional interpretation, with a particular focus on Public Interest Litigation. He read law at the NLU, Jodhpur, and thereafter pursued the BCL and the DPhil at the University of Oxford. He has worked with leading academics on projects involving constitutional reform and democratic transitions, and has also assisted in drafting constitutions for various bodies. His academic writing spans both peer-reviewed journals and public-facing platforms, including a fortnightly column for Bar & Bench titled 'Tryst with the Constitution'. Committed to constitutional literacy, he runs The Basic Structure, a widely read blog that simplifies constitutional law for general audiences. He also collaborates with students across universities to establish forums on constitutional law. He is also an Associate Fellow of the Royal Commonwealth Society, nominated in recognition of his work in the United Kingdom.

Mayuri Gupta (Milon K Banerji Senior Resident Fellow )

Mayuri is a Milon K Banerji Senior Resident Fellow at Charkha, Vidhi’s Constitutional Law Centre. She obtained her Doctorate in Law from Gujarat National Law University in 2026. She completed her LL.M. in Constitutional and Administrative Law from Gujarat National Law University in 2017, graduating with the R. B. Mehta Gold Medal, and holds a B.A. LL.B. (Hons.) from Amity Law School, Lucknow (2016). Her work lies at the intersection of constitutional theory and practice, with a focus on electoral reform, federalism, and local governance. At Vidhi, she has been closely involved in research and writing initiatives aimed at strengthening constitutional understanding, including her work on the Centrally Sponsored Schemes, the Anti-defection Law, Delimitation of Electoral Constituencies, and the Constitution Catalogues. She regularly engages with students across academic and professional forums and presents her research at national and international journals, seminars, and conferences. Prior to joining Vidhi, she served as an Assistant Professor of Law.

Vasudev Devdasan (Senior Associate Fellow)

Senior Associate Fellow with Charkha.