CLAT-2027 Blog

Parties Slow to Field Women Candidates Despite 2023 Quota

CURRENT AFFAIRS | 20 APRIL 2026

CLAT GK + CONSTITUTIONAL LAW & RELEVANT AREA

An Indian Express analysis (20 April 2026) shows that despite the 106th Constitutional Amendment 2023 (Nari Shakti Vandan Adhiniyam) promising 33% women’s reservation in the Lok Sabha and State Assemblies, actual candidate nominations by parties have barely budged in polls held since. Bengal Congress fielded 35 women (11.9% of candidates, up from 7.6% in 2021); TMC 52 of 294 (17.7%). TN DMK 19/176 (10.8%); AIADMK 19/172. Kerala Congress cut women candidates; BJP slashed from 38 to 33. Only Sikkim Congress jumped 16.7 percentage points; Odisha BJD stayed at 23.8%. BJP fielded zero women in Puducherry in 2026 and 2021.

Why it matters for CLAT: The 2023 women’s quota operationalises ONLY AFTER delimitation. Meanwhile, voluntary party ticket-giving data shows structural resistance — the classic ‘law on books vs law in action’ frame. Contrast Art 243D (33% women PRI quota since 73rd CAA 1992) which DID work — a structural vs discretionary tale.

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Constitutional Framework

  • Art 15(3) — enabling special provisions for women and children
  • Art 243D(3) — 33% women reservation in Panchayati Raj (73rd CAA 1992) — operational
  • Art 243T(3) — 33% women reservation in Municipalities (74th CAA 1992) — operational
  • Art 330A + 332A — 33% LS + Assembly reservation for women (106th CAA 2023) — delayed trigger
  • Delayed-trigger clause — ‘shall come into force after delimitation undertaken on basis of first census taken after commencement’
  • K Krishna Murthy v UoI (2010) — upheld Art 243D
  • Indira Sawhney (1992) — 50% reservation ceiling; women’s quota vertical vs horizontal debate

CLAT Angle — How This Gets Tested

  • Assertion–Reason: (A) The 106th CAA 2023 is in force. (R) Women now enjoy 33% reservation in Lok Sabha. Answer: A is true, R is false — the 106th CAA is notified but the reservation itself kicks in only post-delimitation.
  • Contrast structural (PRI quota, mandatory) vs discretionary (ticket allocation, party prerogative under RPA 1951) outcomes — 33% at panchayat, sub-12% at state assembly.
  • Horizontal vs vertical reservation: women’s reservation under 106th CAA is horizontal (cuts across SC/ST/General) — remember Indira Sawhney and Saurav Yadav v UP (2020).
  • Ticket allocation is NOT election law — it is party internal democracy under the Election Symbols Order; courts give parties wide latitude (Common Cause 1996).

Key Facts

Law 106th Constitutional Amendment Act 2023 (Nari Shakti Vandan Adhiniyam)
Quota 33% of LS + State Assembly seats
Trigger After delimitation post-first census after 2026 — NOT YET operational
Bengal Congress (2026) 35 women / 11.9% (up from 7.6% in 2021)
Bengal TMC 52 of 294 candidates = 17.7%
TN DMK 19 of 176 = 10.8%
Kerala BJP Cut from 38 (2021) to 33 women
PRI Women (Art 243D) ~46% women elected representatives — over-achieving quota

Mnemonic

TICKET — Two-thirds party control, India Congress cuts in Kerala, Candidate nominations lag, Krishna Murthy upheld 243D, Electoral quota deferred, TMC 17.7% best mainstream

Test Yourself — 10 MCQ Quiz

Practice Quiz — 10 CLAT-Style Questions

Click an option to reveal the answer and explanation.

Quick answers

Which Constitutional Amendment introduced 33% women's reservation in Lok Sabha and State Assemblies?
106th CAA 2023. The 106th CAA 2023 (Nari Shakti Vandan Adhiniyam) introduced Art 330A and 332A.
When does the 33% women's reservation under the 106th CAA 2023 actually come into force?
After delimitation based on first census post-2026. The CAA itself says the reservation begins only after delimitation is undertaken using figures from the first census taken after its commencement.
Art 243D(3) provides 33% women's reservation in:
Panchayati Raj Institutions. Art 243D(3), inserted by the 73rd CAA 1992, gives women 33% seats in PRIs — this is the operational predecessor to the 2023 quota.
Which case upheld the Art 243D reservation for women in Panchayati Raj?
K Krishna Murthy v UoI (2010). K Krishna Murthy v UoI (2010) upheld the constitutional validity of reservations (including women's) in PRIs.
Which Article enables the State to make special provisions for women and children?
Art 15(3). Art 15(3) is the enabling clause for special provisions for women and children; it survives the Art 15(1) non-discrimination rule.
Which statute primarily governs the conduct of elections and the allocation of tickets by parties in India?
Representation of the People Act 1951. RPA 1951 governs election conduct, disqualifications and ticket allocation; RPA 1950 deals with delimitation and voter rolls.
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