Constitution Amendment Bill Linked to Women's Reservation Defeat in LS: What Lies Ahead After Major Setback?

New Delhi: In a major loss for the Modi government, the Constitution (131st Amendment) Bill, 2026, was defeated in Lok Sabha on Friday. The bill required 326 votes to pass, but received only 298 in favor and 230 against. The bill could not secure the required two-thirds majority, leading to its defeat in the House.

What happen in Lok Sabha?

The Constitution (131st Amendment) Bill, 2026, seeking to advance reservation of 33 per cent seats for women in an expanded Lok Sabha and state Assemblies and facilitate delimitation of constituencies, was defeated in Lok Sabha on Friday.

Other two bills such as the Delimitation Bill 2026, the Union Territories Law (Amendment) Bill 2026 were also dropped on Friday. 

Why did the protest happen?

NDA leaders started protesting in Parliament premises as the Constitution (131st Amendment) Bill, 2026 failed to pass in Lok Sabha on Friday.

The bill required 326 votes to pass, but received only 298 in favour and 230 against. With this, the purpose of the special session of the House remained unfulfilled. 

Can the government pass this bill through a joint session?  

No, under Article 108 of the Constitution, a joint session is held only for ordinary bills when there is a difference of opinion between the two houses. However, there is no provision for a joint session for the Constitution (131st Amendment) Bill, 2026. Article 368 clearly states that a special majority in both houses is required for constitutional amendment. No joint session can pass this bill. If a majority is not obtained in the Lok Sabha, the path to a joint session is blocked. This is the biggest obstacle for the government.

What impact will the non-passage of the bill have on women's reservation?

The Women's Reservation Bill passed in 2023 has already come into force, but its implementation hinges on delimitation. The original law stated that women's reservation would only be implemented after delimitation following the first census. The Constitution (131st Amendment) Bill, 2026 was introduced to change this, so that delimitation would be based on the 2011 census and 33 per cent women's reservation would begin as early as the 2029 Lok Sabha elections.

Now, if this bill is not passed, the original law of 2023 will remain unchanged. This means that women's reservation will only be implemented after the next census and subsequent delimitation. Experts say it could be implemented in the 2034 elections or later. There will be no automatic five-year delay, but rather a delay due to the original law.

What options does the government have going forward and how can the bill be passed?

The government has several practical options, but all will take time and political consensus:

Reintroducing the bill: The government can now reintroduce the bill in the Lok Sabha in the next session. The entire process of introduction, discussion, and voting will be repeated.

Reintroduce amendments: If some of the opposition's demands, such as maintaining the proportion of southern states, are accepted, the bill can be amended and reintroduced.

Mustering a majority in the Rajya Sabha: After passing the bill in the Lok Sabha, a special majority is required in the Rajya Sabha. If it stalls in the Rajya Sabha, the avenue for further discussion or amendment is open.

Negotiations with the opposition: The government has already stated that all parties support women's reservations. If consensus is reached, passage will be easier, but the opposition (especially parties in the South) is currently concerned about delimitation.

A small amendment: Some experts suggest that a separate small amendment can be brought to implement only women's reservation from 2029 without increasing the delimitation, but the government's current plan is to increase the seats.

If the bill is not passed, then what will happen in the 2029 elections?

According to experts, the 2029 Lok Sabha elections will still be held for 543 seats. There will be no delimitation, so the number of Lok Sabha seats will not increase. Women's reservations will also not be implemented. The concerns of the southern states will be immediately alleviated, but women's reservations will be delayed. The government says that if the bill is passed, both new seats and reservations can begin as early as 2029. If the bill is rejected, both will be postponed until the 2029 elections.