Previous Year Question
Consider the following statements regarding ‘Nari Shakti Vandan Adhiniyam’:
Its provisions will come into effect from the 18th Lok Sabha.
It will remain in force for 15 years after becoming an Act.
There are provisions for the reservation of seats for Scheduled Caste women within the quota reserved for the Scheduled Castes.
Which of the statements given above are correct?
1, 2 and 3
1 and 2
2 and 3
1 and 3
Correct Answer: C
Detailed Solution
The formal title of the Nari Shakti Vandan Adhiniyam is the Constitution (One Hundred and Sixth Amendment) Act, 2023. It received presidential assent on 28 September 2023.
Statement 1 is incorrect
The Act does not provide that women’s reservation will automatically take effect from the 18th Lok Sabha.
Under Article 334A, inserted by the amendment, the reservation provisions will become operational only after:
The first Census conducted after the commencement of the Amendment Act.
Publication of the relevant figures of that Census.
A delimitation exercise conducted for implementing women’s reservation on the basis of those figures.
The commencement of reservation is therefore linked to a Census and subsequent delimitation, not to a specified numbered Lok Sabha. The 18th Lok Sabha was constituted in 2024 under the existing general constituency arrangement, without women-reserved constituencies under this amendment.
Statement 2 is correct, subject to a legal clarification
Article 334A provides that women’s reservation will operate for 15 years from its operational commencement. Parliament may make further provision by law concerning its continuation.
The statement uses the expression “after becoming an Act.” Strictly, the constitutional text connects the 15-year period with the commencement of the reservation, rather than merely with the date of presidential assent on 28 September 2023.
Statement 3 is correct
Approximately one-third of the seats in the Lok Sabha and State Legislative Assemblies are to be reserved for women. This includes approximately one-third of the seats already reserved for Scheduled Castes and Scheduled Tribes.
For example, if a House has 30 seats reserved for Scheduled Castes, approximately 10 of those seats may be reserved for Scheduled Caste women.
Principal constitutional changes
Article 330A: Reservation for women in the Lok Sabha.
Article 332A: Reservation for women in State Legislative Assemblies.
Amendment of Article 239AA: Reservation for women in the Delhi Legislative Assembly.
Article 334A: Commencement, duration, delimitation and rotation of reserved seats.
Scope of the reservation
The reservation applies to the lower elected Houses—the Lok Sabha, State Legislative Assemblies and the Delhi Legislative Assembly. It does not apply to the Rajya Sabha or State Legislative Councils.
The Act does not provide a separate sub-quota for women belonging to the Other Backward Classes. A sub-reservation exists for Scheduled Caste and Scheduled Tribe women because the Constitution already provides seat reservation for those categories.
Rotation of women-reserved seats may take place after each delimitation in the manner determined by Parliament through law.