Description

Laws, Justice and Rights for Women in the Modern Era
Editor: Prof. Dr. Yogesh Kumar Gupta, Ishan Ahmad and Premananda Murmu
Published by Universal Academic Books Publishers and Distributors,
New Delhi (India)
ISBN: 978-81-686113-5-1, 2026

Chapter 14

The Women’s Reservation Act, 2023: Advancing Gender Equity in Legislative Representation

Adv. Kavita N. Solunke
(BA, BSL, LLM, MBA, GDC&A, PG(ADR), STAR CCIO), Additional Government Pleader, Arbitrator, Mediator& Conciliator High Court of Bombay & Notary Govt of India

Abstract

The Women’s Reservation Act, 2023, enacted as the Constitution (One Hundred and Sixth Amendment) Act, 2023, is a landmark step toward gender equity in India’s representative democracy. By reserving one-third of seats in the Lok Sabha, State Legislative Assemblies, and the Legislative Assembly of the National Capital Territory of Delhi for women, the amendment seeks to correct the persistent underrepresentation of women in political institutions. This paper examines the Act as a constitutional and democratic intervention aimed at advancing substantive equality rather than mere formal equality. It traces the historical struggle for women’s reservation, analyses the constitutional design of the amendment, and evaluates its likely impact on women’s descriptive and substantive representation. The paper also considers key concerns, including delayed implementation through the census-delimitation process, rotation of reserved seats, and the limitations of reservation as a standalone remedy for patriarchal barriers in politics. It argues that while the Act does not fully resolve the structural challenges faced by women in public life, it remains a significant constitutional milestone that can reshape political participation, policy priorities, and democratic legitimacy. The study concludes that the true success of the reform will depend on timely implementation and complementary institutional and social changes.

Keywords

Women’s Reservation Act, gender equity, substantive equality, political representation, constitutional reform, inclusive democracy.

1. INTRODUCTION

Women’s political representation in India has historically lagged far behind both their demographic presence and the constitutional promise of equality. Despite universal adult franchise and formal equality before law, women continue to remain underrepresented in Parliament and State Legislatures, revealing the gap between constitutional principle and political reality. The persistence of this imbalance demonstrates that formal rights, though indispensable, are insufficient to correct deep structural exclusion.