As anticipated earlier, the Constitution (131st Amendment) Bill, 2026 to implement 33 percent women reservation in legislatures in 2029 elections failed to clear two-third majority test in the Lok Sabha on Friday.
However, the Women’s Reservation Act 2023 – Constitution (106th Amendment) Act, 2023- passed by the Parliament (in 2023) already came into force a day earlier (on April 16) through a notification of Union Law Ministry.
In case of Jammu and Kashmir and other Union Territories, the Ministry of Home Affairs (MHA) issued similar notifications yet in their cases, the relevant Act would come into force from April 17, 2026.
Despite the Constitution (106th Amendment) Act, 2023 coming into force, the reservation for women will come into effect only after an exercise of delimitation is undertaken following the conduct of the next census (2027).
After the defeat of the Constitution (131st Amendment) Bill in voting, the government did not take up – two other related bills viz., “The Delimitation Bill, 2026” and “The Union Territories Laws (Amendment) Bill, 2026”, which aimed at amending the Jammu and Kashmir Reorganisation Act, 2019, the Government of Union Territories Act, 1963, the Government of National Capital Territory of Delhi Act, 1991 to align the provisions relating to (33 percent) reservation for women with the constitutional framework under Article 334A and the delimitation law.
Dealing with the Union Territory of J&K, “The Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023” (coming into force from April 17, 2026) too provided for as nearly as may be, one-third of total seats in the Legislative Assembly of the Union Territory of Jammu and Kashmir to be reserved for women.
The objective spelt out was to enable greater representation and participation of women as public representatives in law making processes of the Legislative Assembly of the Union Territory of Jammu and Kashmir.
“As nearly as may be, one-third of the seats reserved under sub-section (7) of section 14 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes in the Legislative Assembly of the Union Territory of Jammu and Kashmir. As nearly as may be, one-third of the total number of seats to be filled by direct election to the Legislative Assembly of the Union Territory of Jammu and Kashmir (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) shall be reserved for women in such manner as Parliament may by law determine,” the 2023 Act provided.
As per the 2023 Act, the provisions relating to reservation of seats for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir will come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after the commencement of the Jammu and Kashmir Reorganisation (Second Amendment) Act, 2023 have been published and will cease to have effect on the expiration of a period of fifteen years from such commencement.
“Subject to the provisions of section 14A, seats reserved for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir shall continue till such date as Parliament may by law determine,” it added. It specified that rotation of seats reserved for women in the Legislative Assembly of the Union Territory of Jammu and Kashmir will take effect “after such subsequent exercise of delimitation as Parliament may by law determine.”
