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Core Purpose

The Constitution (One Hundred and Sixth Amendment) Act, 2023 reserving seats for women in the House of the People, State Legislative Assemblies and the Delhi Legislative Assembly.

Detailed Summary

The Ministry of Law and Justice (Legislative Department) published the Constitution (One Hundred and Sixth Amendment) Act, 2023, which received Presidential assent on 28th September 2023 and comes into force on a date to be notified by the Central Government; it amends Article 239AA to reserve seats for women (including one-third for Scheduled Castes) in the Legislative Assembly of the National Capital Territory of Delhi, inserts new Article 330A reserving seats for women in the House of the People, inserts new Article 332A reserving seats for women in the Legislative Assembly of every State, and inserts new Article 334A providing that these reservations take effect after a delimitation exercise following the first census after the Act's commencement and cease after fifteen years, with rotation of reserved seats after each subsequent delimitation, without affecting existing representation until dissolution of the relevant House or Assembly; the same gazette also carries a corrigendum to the Mediation Act, 2023 (No. 32 of 2023) correcting ten textual errors across pages 17 to 23 of its original publication (dated 15th September 2023), and a corrigendum to the Jan Vishwas (Amendment of Provisions) Act, 2023 (No. 18 of 2023) correcting page 48, lines 41-42, from 'a fine' to 'or a fine'.

Full Text

THE CONSTITUTION (ONE HUNDRED AND SIXTH AMENDMENT) ACT , 2023 [28th September , 2023 .] An Act further to amend the Constitution of India. BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (One Hundred and Sixth Amendment) Act, 2023. (2) It shall come into force on such date as the Central Government may , by notification in the Official Gazette, appoint.Short title and commencement.vlk/kkj.k EXTRAORDINARY Hkkx II — [k.M 1 PART II—Section 1 izkf/kdkj ls izdkf'kr PUBLISHED BY AUTHORITY lañ 36] ubZ fnYyh] c`gLifrokj] flrEcj 28] 2023 @vf'ou 6 ] 1945 ¼'kd½ No. 36] NEW DELHI, THURSDA Y, SEPTEMBER 28, 2023/ASVINA 6, 1945 (SAKA) bl Hkkx esa fHkUu i`"B la[;k nh tkrh gS ftlls fd ;g vyx ladyu ds :i esa j[kk tk ldsA Separate paging is given to this Part in order that it may be filed as a separate compilation.xxxGIDHxxx jftLVªh lañ Mhñ ,yñ —(,u)04@0007@2003—23 REGISTERED N O. DL—(N)0 4/000 7/200 3—23 MINISTR Y OF LA W AND JUSTICE (Legislative Department) New Delhi, the 28th September , 2023/ Asvina 6, 1945 ( Saka ) The following Act of Parliament received the assent of the President on the 28th September , 2023 and is hereby published for general information:— CG-DL-E-29092023-249053 THE GAZETTE OF INDIA EXTRAORDINARY [PART II— Amendment of article 239AA. 2. In article 239AA of the Constitution, in clause (2), after sub-clause ( b), the following clauses shall be inserted, namely:— “(ba) Seats shall be reserved for women in the Legislative Assembly of the National Capital Territory of Delhi. (bb) As nearly as may be, one-third of the seats reserved for the Scheduled Castes in the Legislative Assembly of the National Capital Territory of Delhi shall be reserved for women. (bc) As nearly as may be, one-third of the total number of seats to be filled by direct election in the Legislative Assembly of the National Capital Territory of Delhi (including the number of seats reserved for women belonging to the Scheduled Castes) shall be reserved for women in such manner as Parliament may by law determine.”. Insertion of new article 330A. 3. After article 330 of the Constitution, the following article shall be inserted, namely:— Reservation of seats for women in the House of the People. “330A. (1) Seats shall be reserved for women in the House of the People. (2) As nearly as may be, one-third of the total number of seats reserved under clause (2) of article 330 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes. (3) As nearly as may be, one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election to the House of the People shall be reserved for women.”. Insertion of new article 332A. 4. After article 332 of the Constitution, the following article shall be inserted, namely:— Reservation of seats for women in the Legislative Assemblies of the States. “332A. (1) Seats shall be reserved for women in the Legislative Assembly of every State. (2) As nearly as may be, one-third of the total number of seats reserved under clause (3) of article 332 shall be reserved for women belonging to the Scheduled Castes or the Scheduled Tribes. (3) As nearly as may be, one-third (including the number of seats reserved for women belonging to the Scheduled Castes and the Scheduled Tribes) of the total number of seats to be filled by direct election in the Legislative Assembly of every State shall be reserved for women.”. Insertion of new article 334A. 5. After article 334 of the Constitution, the following article shall be inserted, namely:— Reservation of seats for women take effect. “334A. (1) Notwithstanding anything in the foregoing provision of this Part or Part VIII, the provisions of the Constitution relating to the reservation of seats for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall come into effect after an exercise of delimitation is undertaken for this purpose after the relevant figures for the first census taken after commencement of the Constitution (One Hundred and Sixth Amendment) Act, 2023 have been published and shall cease to have effect on the expiration of a period of fifteen years from such commencement. (2) Subject to the provisions of articles 239AA, 330A and 332A, seats reserved for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall continue till such date as the Parliament may by law determine. (3) Rotation of seats reserved for women in the House of the People, the Legislative Assembly of a State and the Legislative Assembly of the National Capital Territory of Delhi shall take effect after each subsequent exercise of delimitation as the Parliament may by law determine. (4) Nothing in this article shall affect any representation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi until the dissolution of the then existing House of the People, Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi.”. SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 3 6. The amendments made to the Constitution by the Constitution (One Hundred and Sixth Amendment) Act, 2023 shall not affect any representation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National CapitalTerritory of Delhi until the dissolution of the House of the People, the Legislative Assemblyof a State or the Legislative Assembly of the National Capital Territory of Delhi, as the casemay be, in existence at the commencement of the said Act. ————— DR. REETA V ASISHTA, Secretary to the Govt. of India. ————— CORRIGENDA THE MEDIATION ACT, 2023 N O. 32 OF 2023 In the MEDIATION ACT, 2023 (32 OF 2023), as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the 15th September, 2023, Issue No. 35,— (i) at page 17, line 46, for "section 26", read "section 25"; (ii) at page 18, line 8, for "sub-section ( 4)", read "sub-section ( 3)"; (iii) at page 18, line 10, for "sub-section ( 5)", read "sub-section ( 4)"; (iv) at page 18, line 12, for "clause ( d)", read "clause ( e)"; (v) at page 18, line 14, for "clause ( i)", read "clause ( j)"; (vi) at page 18, line 16, for "clause ( m)", read "clause ( n)"; (vii) at page 19, line 11, for "Service", read "Services"; (viii) at page 21, line 5, for "Cine-Workers", read "Cine-workers"; (ix) at page 21, line 9, for "Citizen", read "Citizens"; (x) at page 23, line 20, for "Legal", read "the Legal". ________ CORRIGENDUM THE JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023 NO. 18 OF 2023 In the JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023 (18 of 2023), as published in the Gazette of India, Extraordinary, Part II, Section 1, dated the11th August, 2023, Issue No. 21, at page 48, lines 41 and 42, for 'a fine', read 'or a fine'. ________ MGIPMRND—388GI(S3)—29-09-2023.UPLOADED BY THE MANAGER, GOVERNMENT OF INDIA PRESS, MINTO ROAD, NEW DELHI–110002 AND PUBLISHED BY THE CONTROLLER OF PUBLICA TIONS, DELHI–110054.Amendment not to affect reservation in the House of the People, the Legislative Assembly of a State or the Legislative Assembly of the National Capital Territory of Delhi.

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