Why Women's Reservation Is Still On Hold: Can Modi Government Break The Deadlock?

Nearly three decades after the idea of reserving one-third of seats for women in Parliament and state legislatures first entered India's political discourse, the promise remains unfulfilled despite Parliament passing the Constitution (106th Amendment) Act, 2023. With the issue returning to the political spotlight ahead of the 2029 Lok Sabha election, questions remain over when the reservation will actually come into force and whether the Narendra Modi government can overcome the remaining constitutional and administrative hurdles.

Why hasn't women's reservation been implemented yet?

Although Parliament passed the Women's Reservation Bill in September 2023 with overwhelming support, the law does not provide for immediate implementation. Instead, it states that the reservation of one-third of seats for women will begin only after two conditions are met: the first Census conducted after the enactment of the law and the subsequent delimitation exercise.

Since the 2021 Census was delayed because of the Covid-19 pandemic and has not yet been completed, the constitutional process required to operationalise the reservation has not begun. As a result, women continue to contest elections under the existing system without reserved constituencies.

How is it linked to delimitation?

Delimitation refers to the redrawing of parliamentary and assembly constituency boundaries based on the latest Census data to ensure roughly equal representation according to population.

The Women's Reservation law requires the reserved constituencies to be identified only after delimitation. This is intended to ensure that the reservation reflects the latest demographic realities rather than outdated population figures.

The next nationwide delimitation exercise is expected after the first Census conducted following the constitutional amendment. Until that process is completed, the Election Commission cannot identify which constituencies will be reserved for women.

What is the Modi government proposing now?

The Union government has repeatedly stated that it is committed to implementing the law at the earliest possible opportunity. Reports have indicated that the delayed national Census will be conducted before delimitation, allowing the constitutional process to move forward.

The government argues that linking reservation to delimitation ensures fairness and avoids legal disputes over constituency allocation. However, it has not announced a definitive timeline for either the Census or the delimitation exercise, leading to criticism from opposition parties that implementation is being unnecessarily delayed.

Why does the Bill need a two-thirds majority?

The legislation was enacted as a constitutional amendment because it changes the composition and functioning of Parliament and state legislatures. Under Article 368 of the Constitution, such amendments require the support of at least two-thirds of members present and voting in each House of Parliament, along with a majority of the total membership.

The Bill comfortably crossed this threshold in both the Lok Sabha and Rajya Sabha in 2023 before receiving Presidential assent. Since it affects the representation of states in legislatures, ratification by at least half of the state legislatures was also completed.

Which parties support or oppose the move?

Most major political parties, including the BJP, Congress, Trinamool Congress, DMK, BJD and several regional parties, support women's reservation in principle. However, differences emerge over its implementation.

Congress and several opposition parties argue that the reservation should be enforced immediately rather than waiting for delimitation. Some parties have also demanded separate quotas for women belonging to Other Backward Classes within the overall 33 per cent reservation.

The government maintains that the constitutional framework adopted in 2023 must be followed in full before the reservation becomes operational.

Can women get 33% reservation before 2029?

Whether women receive 33 per cent reservation before the 2029 Lok Sabha election depends entirely on the timing of two pending exercises: the national Census and delimitation.

If both processes are completed in time, the reservation could potentially be implemented before the next general election. However, if either exercise is delayed, the rollout may be pushed beyond 2029.

For now, the constitutional framework exists, political consensus largely favours women's representation, and the remaining challenge lies in completing the procedural steps required before the landmark reform can finally become a reality.