When Will Women's Reservation Bill Come Into Force? Centre Begins Preps

The central government of India has reportly begun its preparation for the implementation of the Women's Reservation Bill,  the 106th amendment to the Indian Constitution, which provides 33% reservation to women in elected bodies. Upon coming into force, women will be granted one-third of the 543 Lok Sabha seats after the 2029 general elections. This move follows the passage of the Nari Shakti Vandan Act, a constitutional amendment bill designed to increase women's representation in national politics.

What is causing the delay?

The Women's Reservation provisions will be implemented only after a fresh delimitation of parliamentary constituencies. The delimitation process involves redrawing the boundaries of electoral constituencies and determining Lok Sabha and state legislative assembly seats. It also includes earmarking seats for Scheduled Castes and Scheduled Tribes. Article 82 of the Constitution mandates this readjustment after every census.

However, there is currently a statutory halt on delimitation until 2026. Thereafter, a constitutional amendment will be necessary, requiring approval by both Houses of Parliament. According to reports, the Centre is making preparations to ensure the delimitation exercise can be initiated once the freeze is lifted. 

In early June, the Centre announced that the data collection for the census, along with caste enumeration, will start next year. The process is expected to be completed by March 1, 2027. “The Census has been announced and the other steps will follow. The women’s reservation Bill is linked to the delimitation process. We are aiming to roll it out in the next election,” sources in the government told the Indian Express.

Earlier Pleas For Faster Implementation

The 106th Amendment, better known as the Women's Reservation Bill, was passed by President Droupadi Murmu on September 29, 2023. However, the implementation of the bill has been deferred until now. In December 2023, Finance Minister Nirmala Sitharaman confirmed that the Bill would be implemented after the completion of the 2024 census.

In January 2024, the Supreme Court heard a plea filed by Congress leader Jaya Thakur seeking to implement the bill before the 2024 Lok Sabha Elections. The hearing was adjourned after no counsel appeared for the official respondents. Deferring the proceedings until the next month, Justice Khanna told Senior Advocate Vikas Singh, appearing for Thakur, "Mr Singh, we are not saying anything. Let them come. Some steps have been taken. But obviously, let them appear."

Earlier, a Delhi-based lawyer too had sought to implement the reservation in political parties before the Lok Sabha elections. Advocate Yogamaya MG approached the Delhi HC in December with a plea asking for a direction from the Election Commission of India to solicit a response from the Bharatiya Janata Party and Congress about how they plan to implement women's reservation.

She stated that although the Bill had been passed, there was no certainty as to when it would be implemented. She wrote in her plea that she expected the Centre to "provide a firm and expedited date for the implementation of the Women’s Reservation Bill 2023, considering the prolonged period of uncertainty surrounding the delimitation process."

The plea further stated, "Despite the unanimous passage of the Women's Reservation Bill 2023, there has been a significant delay in its implementation. The lack of tangible progress or a clear roadmap for implementation raises concerns about the sincerity of the authorities in giving effect to this vital legislative measure." However, her plea was dismissed by Justice Subramonium Prasad, stating that she should inside file a Public Interest Litigation (PIL).