Open Access Research Article

BEYOND DESCRIPTIVE REPRESENTATION: AN INTERSECTIONAL CRITIQUE OF THE 106TH AMENDMENT THROUGH THE PRISM OF CASTE AND RELIGION

Author(s):
MR. KAMAL JEET PROF. DR. VIRENDER SINDHU
Journal IJLRA
ISSN 2582-6433
Access Open Access
Volume 3
Issue 5
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Abstract

ABSTRACT
The Constitution (One Hundred and Sixth Amendment) Act, 2023 is a landmark in the legislative history of India, providing for reservation of one-third of the seats for women in the Lok Sabha and the State Assemblies. But the amendment does provide ‘descriptive representation’ in the sense of boosting the sheer number of women in power. But it is based on a homogenous definition of gender. This research piece presents an intersectional critique of 106th Amendment on the premise that a “gender-only” quota could marginalise women at the intersections of suppressed caste and religious identities. The paper examines the legal and political ramifications of the denial of a sub-quota for Other Backward Classes through the ‘Prism of Caste and Religion’, and the persistent political invisibility of Muslim women. The article argues that, applying Kimberlé Crenshaw’s paradigm of intersectionality to the Indian socio-legal context, the amendment does not fulfil “substantive representation”. It argues that the 106th Amendment may unwittingly further entrench existing power imbalances, if it does not take into consideration the specific hurdles Dalit, Bahujan and minority women confront. Indian jurisprudence must go beyond just a numerical presence to a multi-dimensional paradigm of inclusive representation if real constitutional equity is to be achieved.
 

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Author Details

Authors: MR. KAMAL JEET & PROF. DR. VIRENDER SINDHU
Registration ID: 1013073 | Published Paper ID: IJLRA13073 & IJLRA13074
Year: Aug-2026 | Volume: 3 | Issue: 5
Approved ISSN: 2582-6433 | Country: Delhi, India
Page No.: 1874-1894

Article Information

BEYOND DESCRIPTIVE REPRESENTATION: AN INTERSECTIONAL CRITIQUE OF THE 106TH AMENDMENT THROUGH THE PRISM OF CASTE AND RELIGION

Authors: MR. KAMAL JEET, PROF. DR. VIRENDER SINDHU

  • Journal IJLRA
  • ISSN 2582-6433
  • Volume 3
  • Issue 5
Citation Download Paper Full Details Search on Google Search on Google Scholar

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International Journal for Legal Research and Analysis

  • AbbreviationIJLRA
  • ISSN2582-6433
  • AccessOpen Access
  • LicenseCC 4.0

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