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Opposition should read the Constitution. Not just wave it around

If the upcoming Census is taken into account for the delimitation exercise, the representation gap between northern and southern states would increase. The govt wanted to avoid this.

Assembly elections in West Bengal and Tamil Nadu are practically upon us. Parliamentary shenanigans are bound to be reflected in the polls. Major reform bills often become entangled in electoral strategy, and Opposition resistance intensifies before key elections to prevent the ruling party from claiming any legislative victories.

This is precisely why the Constitution (131st Amendment) Bill to implement women’s reservation in legislatures was derailed in the Lok Sabha. The Opposition’s shortsightedness amounts to hoodwinking India’s women voters.

The continued non-implementation of the Women’s Reservation Bill constitutes an egregious departure from the spirit of constitutional reform, suggesting that the Opposition has no interest in legislative execution.

“When party interest overshadows the nation’s interest, then women’s power, the nation’s interest… has to bear the consequences,” Prime Minister Narendra Modi said in his address to the nation on Saturday.

However, the Opposition parties’ stance serves neither their own nor women’s interests. These parties are playing a game of dumb charades with the nation. Their position is actually one of resistance to the implementation of women’s reservation.

The delimitation exercise has been conditional and inextricably linked to the processes of the upcoming Census, as per the 2023 enactment. It renders the enforcement of a constitutional guarantee contingent upon future executive and procedural acts. 

“Give women their rights, right now,” Priyanka Gandhi Vadra said in a recent press conference, which is more rhetorical than substantive. No vehicle can move forward by only pushing a start button—one must change gears first.

PM Modi has attempted to rectify the Constitutional premises by introducing 33 per cent legislation for women in the Lok Sabha, State Assemblies, and the Delhi Assembly. During his tenure as Gujarat chief minister, he also introduced 50 per cent reservation for women in Gram Panchayats and municipal bodies. At the time, Governor Kamla Beniwal didn’t sign off on this Bill.

Opposition inconsistency

Let us analyse the Act that was passed in 2023 and the Bill that did not clear an absolute majority in April 2026 through the lens of law to see if Vadra’s claims are valid.

The 106th amendment (2023 Nari Shakti Vandan Adhiniyam) mandated reservation of one-third seats in the Lok Sabha and state assemblies for women. It also stated that this would take effect only after the first census and delimitation exercise after the Bill was passed. On the other hand, the 131st Constitution Amendment Bill, 2026 sought to indicate a pathway for the implementation of women’s reservation by 2029.

In legal terms, the 2023 Act conferred the entitlement, while the 2026 amendment sought to determine the mechanism of enforcement. The 2023 Act created the constitutional right to 33 per cent reservation for women, but the 2026 Bill was meant to operationalise that right.

If the next Census is taken into account for the delimitation exercise, then the gap between northern and southern states would be higher. To avoid this, the Centre decided to go ahead with the 2011 Census.

Since the government wanted to work out the implementation of women’s reservation, the 2011 Census was considered the base year to accommodate the demands of the southern states.

I find it hard to understand what the storm in a teacup is about. My esteemed friends from the INC and TMC, some legal luminaries with decades of experience in law, often walk around with a copy of the Constitution. Instead of waving the text around, they should spend some time reading Articles 81, 82, and 337. Perhaps then, they would better perform their parliamentary duties—and from a position of knowledge rather than rhetoric.

Having expressly supported Article 334A in 2023, which made women’s reservation contingent upon post-census delimitation, the Opposition’s present-day resistance to delimitation-linked implementation is inconsistent.

Also read: Wanted—A Bengali face. Why the BJP’s reliance on the central leadership has its limits

The 42nd and 84th Amendments froze the number of Lok Sabha seats at 543. As a result, a vast and isolated state such as Himachal Pradesh is represented by only two seats in Parliament. Hence, a major revamp of India’s electoral system is essential, which was the very purpose of the three Bills introduced last week. The Lok Sabha would be expanded from 543 to potentially 850 seats, so that no sitting MP would lose their seat.

Taking 2011 as the base year for women’s reservation stands to benefit the southern states, where the BJP currently has limited reach. Having outright rejected the three bills, the Opposition has effectively scored a self-goal, as any census after 2026 is expected to tip the scales in favour of the Hindi belt.

The population in current BJP strongholds such as Uttar Pradesh, Bihar, Rajasthan, and Madhya Pradesh grew much faster than in Tamil Nadu, Kerala, Andhra Pradesh, and Telangana. The population from these latter, aspirational states also migrated to foreign lands, reducing the numbers further. Delimitation based on a post-2026 census would thus reduce the influence of the DMK, TMC, BRS, YSRCP, and even the Congress. Delhi’s seven seats, in all likelihood, would increase to 11.

The BJP attempted to provide better representation for women in the legislature. Within the party, one-third of the office bearer positions are reserved for women. The Opposition’s words must meet its action. India’s women are watching.

Meenakashi Lekhi is a BJP leader, lawyer and social activist. Her X handle is @M_Lekhi. Views are personal.

(Edited by Prasanna Bachchhav)

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