South versus North, women versus seats: India’s most hotly contested special session

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When the 106th Constitutional Amendment was passed by both houses of parliament in September 2023, with 454 votes in favor in the House of People and unanimous approval in the House of Federation, it was hailed as a historic moment. But laws have a way of living in the gaps between their passage and their implementation. After nearly two and a half years, Parliament was recalled to shut down.Lawmakers will try to do what three decades of political wrangling have failed to do and give Indian women a guaranteed seat at the power table. The occasion is Nari Shakti Vandan Adhiniyam, better known as the Women’s Reservation Act.

It’s clear to Bill

The Women’s Reservation Bill, officially known as the Nari Shakti Vandan Adhiniyam, is a constitutional amendment that reserves 33% seats in the Lok Sabha and state legislative assemblies for women. This is not a new idea. Bills to amend the Constitution to reserve seats for women in Parliament and state legislative assemblies were introduced in 1996, 1998, 1999 and 2008. The first three bills lapsed with the dissolution of the respective Lok Sabha, while the 2008 bill was passed by the Federal House but lapsed with the dissolution of the 15th Lok Sabha. That makes passage in 2023 the culmination of nearly three decades of legislative battles. Alliance calculations, ideological differences and sometimes outright hostility have repeatedly derailed the plan. The bill was eventually passed in a brand new parliament building in 2023, a symbolism the government is keen to emphasize. Women account for less than 15% of members of the Lok Sabha, in state assemblies, and less than 10% of members of most legislative bodies across the country. This is the inequality this bill aims to correct.

Women's Reservation Act

The reformed House of Representatives

If the proposed reforms are implemented, the shape of India’s parliament will be fundamentally changed, both in terms of size and representation.The Lok Sabha is expected to expand significantly from the current 543 seats to 850, reflecting decades of population growth since the last revision in 1976. Of these, 815 seats will be allocated to states and 35 to Union Territories.One-third of the seats (about 283) in the enlarged House of Representatives will be reserved for women, marking the first time such quotas have been implemented at the national level.

What exists and what is missing

The bill coincides with the 30th anniversary of the passage of the 73rd and 74th Constitutional Amendment Act in 1993, which incorporated panchayats and municipalities into the constitution and reserved one-third of the seats in local bodies for women. This thirty-year experiment has produced real results. But this reservation is limited to village and municipal levels. The constitution as of 2023 does not contain provisions for reserved seats for women in the Lok Sabha or state assemblies, a flaw that took 75 years to be formally addressed.This void is directly proportional to the decision of Parliament. From criminal law to maternity benefits, from property rights to policy on gender-based violence, the decisions made by Parliament affect every aspect of women’s lives. A 2003 study on the impact of reservation on Panchayat women showed that women elected under reservation policies invested more in public goods closely related to issues of concern to women. The case for extending this principle upwards to Parliament is more than symbolic.

Why 2023 is not the finish line

The passage of the bill in 2023 itself sows the seeds of delay. The 2023 constitutional amendment provides for 33% reservation for women in the Lok Sabha and state assemblies, but this quota will come into effect only after the delimitation exercise is completed as per the 2027 census, meaning that under the original law, this reservation cannot be enforced until 2034. This reservation will come into effect upon the announcement of the census to be held after the coming into force of the Act and delimitations will be made based on that census to reserve seats for women. The logic is that unless you know how many constituencies exist and where their boundaries are, you cannot decide which constituencies are to be reserved for women, which would require a new census and subsequent delimitation exercise.With the 2021 census not yet complete and significantly delayed due to the Covid-19 pandemic, the next census currently scheduled for 2027 will be postponed until after the 2029 general election. For all practical purposes, the amendment is law in name only.

Special Session: Why now?

The government is now proposing changes to the legislation to be implemented based on the 2011 Census, ensuring the reservation takes effect before the 2029 general election. To do this, Parliament must amend Section 5 of the Act, which currently links women’s reservation to the delimitation exercise after the first census after the Act comes into force. As a constitutional amendment, Article 368(2) requires approval by a majority of the House of Representatives and at least two-thirds of those present and voting, a high threshold that requires at least some opposition support.In addition to the Women’s Reservation Act amendment, the government has also proposed a Delimitation Bill that will significantly redraw the electoral map, which may increase from 543 to 850 as mentioned above. India’s population has changed dramatically since the last realignment of the 543-seat House of Representatives, which currently has 543 seats. The purpose of the seat freeze since 1976 is to prevent states that control their population from being punished in parliament. Now, in 2026, revisiting it is as much a statement about the country’s demographics as it is about women’s rights.

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delimitation debate

Delimitation is a regularly conducted exercise aimed at redrawing constituency boundaries and allocating seats based on demographic changes to ensure equitable representation of states. India has conducted such exercises many times since independence. The first one was conducted in 1952 based on the 1951 census and 494 Lok Sabha seats were allotted. Subsequent exercises were conducted in 1963 and 1973. During the 1973 delimitation, the number of seats was fixed at 543 as per the 1971 census, when India’s population was about 548 million. That number has remained constant since.The government’s current proposal to significantly expand the Lok Sabha to about 850 seats has triggered a fierce debate, mainly centered on the North-South divide. Since the proposed redistribution is expected to be largely based on population, northern states with higher population growth are likely to get a larger share of seats. In contrast, southern states with slower population growth are likely to see their relative representation decline.Countries such as tamil naduKerala, Telangana, Karnataka and Andhra Pradesh have always maintained that population alone should not determine representation. They point to decades of effective family planning leading to declining birth rates and warn that a purely population-based approach will unfairly penalize them for this success. Meanwhile, more populous states like Uttar Pradesh, Bihar and Madhya Pradesh will reap disproportionate gains.For example, Stalin believed that states that followed the federal government’s push for population control should not now be disadvantaged. The Telangana chief minister also expressed this concern in a letter to Prime Minister Narendra Modi and other southern leaders, urging them to resist any move to expand the Lok Sabha based solely on population indicators. In his letter, he warned that the move would distort representation and proposed a “hybrid model” that would take economic contribution and development indicators into account along with population.

two sides of the argument

On the face of it, the bill has almost universal support. Prime Minister Narendra Modi Write to the leaders of all parties in the House and Senate seeking their support for the implementation of the Women’s Reservation Bill, emphasizing that “this moment takes precedence over any political party or individual.” But agreement on the destination was not agreed on the route, and opposition opposition was sharp.senior congressional leaders Sonia Gandhi Criticizing the government’s approach, it was noted that no draft amendments had yet been shared with the opposition parties. president of parliament Malikajun Hager Writing directly to the Prime Minister, it was argued that without demarcation and other details it was impossible to have any useful discussion on this historic law and that the special session was convened without confidentiality being kept from the opposition. The timing exacerbates these concerns. The meeting comes amid the ongoing state elections, with polls due to close on April 29, 2026, leaving opposition MPs torn between campaigning and attending Parliament. Mallikarjun Kharge said if the government was serious about moving forward collaboratively, it should hold an all-party meeting after the elections.democratic arithmetic problemThere is one final lens through which this bill deserves to be examined: the sheer arithmetic of representation.Women constitute approximately 48.5% of India’s population. Males account for about 51.5%. The bill reserves 33% reservation for women, far below proportional representation. Critics argue that the bill, while a step forward, does not reflect the actual demographic representation of women in Indian democracy. Defenders of the 33% figure point out that it is consistent with benchmarks already set by village councils and city governments, and that it represents a realistic lower limit, not an ideal upper limit. The reservation shall be for a period of 15 years but shall continue until a date fixed by law made by Parliament and the seats reserved for women shall be rotated after each delimitation. The rotation mechanism means that no constituency will be permanently designated as a women’s seat, trying to prevent voters’ choice in any one area being permanently restricted.

its position

What began as a legislative requirement in 1996 has become a constitutional amendment seeking to be implemented thirty years later. The special session will determine whether Parliament can reach the political consensus to finally bridge the gap before the 2029 elections.In spirit, the bill itself faced no credible opposition. Political analysts believe the question is whether the opposition will be able to vote against the bill during the election season as it could affect their electoral standing in the upcoming assembly elections in West Bengal and Tamil Nadu. In India’s current political landscape, no political party wants to be seen as voting against women’s representation.All the arguments about seats, states, and census data are real. But underneath it all, women have for too long been excluded from the rooms where decisions about their lives are made. That’s the purpose of this bill.

WEB DESK TEAM
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