President assents to Constitution (128th Amendment) Act 2023 for Women's Reservation in near future

The Constitution (One Hundred and Sixth Amendment) Act, 2023 of Parliament received the assent of the President of India on the September 28, 2023 as an Act to further amend the Constitution of India. It has been enacted by Parliament in the Seventy-fourth Year of the Republic of India. "It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint."

The Constitution (128th Amendment) Bill 2023 was introduced by the Union Government on September 19 in the Lok Sabha with the aim of enacting Nari Shakti Vandan Adhiniyam meant for providing 1/3rd seats for women in Lok Sabha and State Assembly.

The Bill No. 124 of 2023 dated September 18, 2023 was introduced by the Minister of Law and Justice. Before its passage on September 20 it was some 60 MPs spoke on the Bill. Notably, 454 members voted in support of the Bill.  There were two MPs who opposed it. It was passed by Rajya Sabha on September 21. All 215 members of the Rajya Sabha voted in the favour of the Bill.

The amendments to the Bill were proposed by Congress, Left, RJD and SP MPs demanding the introduction of the OBC quota in the 33 per-cent seats reserved for women which was turned down by voice-vote. The Chairperson, Rajya Sabha waived off the requirement of 2days notice period under Rule 123 of Rules of Procedure & Conduct of Business in the Council of States, Rajya Sabha on the request of Ministry of Law and Justice to pass the bill in Rajya Sabha the same day. The Prime Minister said, "I thank MPs across Party lines who voted in support of this Bill" during the special session of the Parliament.

Amendment of article 239AA of Constitution of India

2. In article 239AA of the Constitution, in clause (2), after sub-clause (b), the following clauses shall be inserted, namely:—
“(ba) Seats shall be reserved for women in the Legislative Assembly of the National Capital Territory of Delhi.
(bb) As nearly as may be, one-third of the seats reserved for the Scheduled Castes in the Legislative Assembly of the National Capital Territory of Delhi shall be reserved for women.
(bc) As nearly as may be, one-third of the total number of seats to be filled by direct election in the Legislative Assembly of the National Capital Territory of Delhi (including the number of seats reserved for women belonging to the Scheduled Castes) shall be reserved for women in such manner as Parliament may by law determine.”

Insertion of new article 330A: Reservation of seats for women in the House of the People

3. After article 330 of the Constitution, the following article shall be inserted, namely:—
“330A. (1) Seats shall be reserved for women in the House of the People.
(2) As nearly as may be, one-third of the total number of seats reserved under clause (2) of article 330 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes.
(3) As nearly as may be, one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election to the House of the People shall be reserved for women.”

Insertion of new article 332A: Reservation of seats for women in the Legislative Assemblies of the States

4. After article 332 of the Constitution, the following article shall be inserted, namely:—
“332A. (1) Seats shall be reserved for women in the Legislative Assembly of every State.
(2) As nearly as may be, one-third of the total number of seats reserved under clause (3) of article 332 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes.
(3) As nearly as may be, one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in the Legislative Assembly of every State shall be reserved for women.”

Insertion of new article 334A: Reservation of seats for women take effect

5. After article 334 of the Constitution, the following article shall be inserted, namely:—

“334A. (1) Notwithstanding anything in the foregoing provision of this Part or Part VIII, the provisions of the Constitution relating to the reservation of seats for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after commencement of the Constitution (One Hundred and Sixth Amendment) Act, 2023 have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement.
(2) Subject to the provisions of articles 239AA, 330A and 332A, seats reserved for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall continue till such date as the Parliament may by law determine.
(3) Rotation of seats reserved for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall take effect after each subsequent exercise of delimitation as the Parliament may by law determine.
(4) Nothing in this article shall affect any representation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi until the dissolution of the then existing House of the People, Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi.”

Amendment not to affect reservation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi

6. The amendments made to the Constitution by the Constitution (One Hundred and Sixth Amendment) Act, 2023 shall not affect any representation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi until the dissolution of the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi, as the case may be, in existence at the commencement of the said Act.