By
Pooja Abinaya GB
Assistant Professor of Law, Soundarya College of law
Poojaabinaya@soundaryainstitutions.in
The Constitution (One Hundred and Twenty-eighth Amendment) Bill, 2023 was introduced on 19th September, 2023 in Lok Sabha. The bill proposed to introduce reservation for women in Lok sabha, state legislative assemblies and in assembly of NCT Delhi. The Bill was passed in Lok Sabha on September 20,2023 with 454 votes in favour and only 2 votes against the bill. The bill was further passed in Rajya Sabha unanimously. The bill received the assent of the president on 28th September,2023.The 128th amendment bill after passage came to exist as The Constitution (One Hundred and Sixth Amendment) Act,2023. There are several speculations and misinformation that this bill has been defeated in 2026. This blog aims at clearing this cloud of misinformation surrounding women’s Reservation.
Reservation in local government:
The 73rd and 74th amendments to the Indian Constitution introduced reservation of 1/3rd seats for women in panchayats and municipalities and proportional representation of women in SCs and STs through Article 243D(3). This reservation was just the floor limit and therefore, 21 states have adopted for 50% reservation, namely Andhra Pradesh, Assam, Bihar, Chhattisgarh, Gujarat, Haryana, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Odisha, Punjab, Rajasthan, Sikkim, Tamil Nadu, Telangana, Tripura, Uttarakhand, West Bengal and 2 Union Territories namely Lakshadweep and Dadra & Nagar Haveli and Daman & Diu. Such reservation has been accommodated by incorporating necessary amendments in their respective State Panchayati Raj Acts/Rules.
Reservation In State Legislative Assemblies and NCT Delhi Assembly:
The Constitution (One Hundred and Sixth Amendment) Act, 2023 – Commonly referred to as Nari Sakthi Vandhan Adhinayam (NSAV) or Women’s Reservation Act, it reserves women 1/3rd or 33% of seats in the state legislative assemblies and the legislative assembly of NCT Delhi through Article332A(3) and Article239AA(2)(bc), respectively. To promote adequate representation women belonging to scheduled castes(SC) and scheduled tribes(ST) are reserved 33% seats in the seats reserved for SCs and STs as a quota within quota.
While there is no difficulty as to the implementation of women’s reservation in the state legislative assemblies and the legislative assembly of NCT Delhi.
Reservation in Lok Sabha:
Article 330A(3) inserted by the 128th Constitutional Amendment mandated 33% reservation for women from SCs and STs in direct election for Lok Sabha and a 33% reservation in total number of seats( including seats reserved for SC and ST women).
Implementational Difficulties and Current Status
The insertion of Article 334A has affirmed that the reservation for women based on 106th Constitutional Amendment will come into effect only after a census and delimitation is undertaken. The reservation will cease to effect in fifteen years. Post which based on another census another delimitation and reservation will be effected as the parliament may determine. On 16 April 2026, the Union Ministry of Law and Justice issued a gazette notification bringing the Women’s Reservation Act into force. This was a significant formal step.However, the actual implementation (i.e., reserving and rotating one-third seats for women in elections) remains contingent on the completion of the next census and the subsequent delimitation exercise.
Census delay:
The 2021 Census could not be completed due to the COVID-19 pandemic. The next census (2027 Census) is currently underway: the first phase (House-listing) began in April 2026 and is progressing, with population enumeration expected in early 2027.
Introduction of New bills:
In April 2026, the government introduced a legislative package to expedite implementation for the 2029 General Elections:
- The Constitution (One Hundred and Thirty-first Amendment) Bill, 2026 – aimed at amending the 2023 Act to potentially adjust the census-delimitation linkage and facilitate earlier rollout.
- The Delimitation Bill, 2026 – to enable delimitation and increase the strength of Lok Sabha from 543 seats to 850 seats.
- A Bill to extend the provisions to certain Union Territories with legislatures.
On 17 April 2026, the Constitution (131st Amendment) Bill, 2026 was defeated in the Lok Sabha. It received 298 votes in favour and 230 against, falling short of the required two-thirds majority (special majority under Article 368). As a result, the accompanying Delimitation Bill and related measures also lapsed.
Clarification on Misinformation:
The Women’s Reservation Act of 2023 has not been defeated or repealed. It is still a valid law and was officially notified on 16 April 2026. What was defeated in the Lok Sabha on 17 April 2026 was a separate amendment package (the 131st Amendment Bill and related bills). This package aimed to fast-track the reservation so it could start from the 2029 elections by adjusting the delimitation process and increasing the total number of seats.
Because this fast-track attempt failed, the reservation will now follow the original rules of the 2023 Act. It can only be implemented after the new census is completed and delimitation (redrawing of constituencies) is done. As a result, it is unlikely to apply in the 2029 Lok Sabha elections. It may get delayed further, depending on how fast the census data is published and delimitation is completed.
The infructuousness of the 2026 bills has a direct impact on women’s reservation as the implementation was contingent. But the women’s reservation bill is still valid and enforceable. The major opposition for delimitation was that delimitation is based on population and South Indian states have worked on stabilising the population but instead of a tap on the back they are slapped with lesser seats compared to northern states who have not contributed to population control. In this dispute as an unintended consequence the reservation bill has stalled in implementation in the 2029 general elections.
Unless there is an amendment to delink delimitation and reservation ( providing 33% in the present 543 seats) or passing another bill for delimitation based on earlier census the women’s reservation bills stays dormant in 2029 general elections.
References:
- The Constitution (One Hundred and Twenty-Eighth Amendment) Act, 2023, Acts of Parliament, 2023 (India).
- Government of India, Ministry of Panchayati Raj. Reservation for Women in Local Bodies. Unstarred Question No. 720. Rajya Sabha. Answered on Feb. 8, 2023.
- PRS India – Bill Trackers for the 128th/106th Amendment and 131st Amendment Bill, 2026.
- Gazette of India notifications dated 28 September 2023 and 16 April 2026.
- Parliamentary records and reports on the voting in Lok Sabha (April 2026).
- Updates on the ongoing 2027 Census from the Office of the Registrar General & Census Commissioner, India.