Article 170 of Indian Constitution – Composition of the Legislative Assemblies

Article 170 of Indian Constitution

Intro: Article 170 of Indian Constitution deals with the composition of Legislative Assemblies in the States. It outlines the structure and defines the number of members to be elected to each State Legislative Assembly, based on the population. The article ensures representation from both rural and urban areas, aiming to provide a democratic basis for state governance. It also includes provisions for adjusting the number of assembly seats to accommodate changes in the state’s population.

Original Text of Article 170 of Indian Constitution:

(1) Subject to the provisions of Article 333, the Legislative Assembly of each State shall consist of not more than five hundred and not less than sixty members chosen by direct election from territorial constituencies in the State.

(2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.

[Explanation.—In this clause, the expression “population” means the population as ascertained at the last preceding census of which the relevant figures have been published:

Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 1[2026] have been published, be construed as a reference to the 2[2001] census.]

(3) Upon the completion of each census, the total number of seats in the Legislative Assembly of each State and the division of each State into territorial constituencies shall be readjusted by such authority and in such manner as Parliament may by law determine:

Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then-existing Assembly:

[Provided further that such readjustment shall take effect from such date as the President may, by order, specify, and until such readjustment takes effect, any election to the Legislative Assembly may be held on the basis of the territorial constituencies existing before such readjustment:

Provided also that until the relevant figures for the first census taken after the year 1[2026] have been published, it shall not be necessary to [readjust—

• the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and
• the division of such State into territorial constituencies as may be readjusted on the basis of the [2001] census, under this clause.

Explanation of Article 170 of Indian Consitution:

The strength of the Assembly varies from state to state. However, the maximum strength cannot go beyond 500, and the minimum strength cannot be less than 60 except in cases of smaller states like Arunachal Pradesh (30), Sikkim (30), Goa (30), Mizoram (40) and Nagaland (46).

Note: Some members of Sikkim and Nagaland are elected indirectly.

Territorial Constituencies (Delimitation)

1. The state is divided into territorial constituencies for conducting direct elections and electing members from each constituency. The division of a constituency is carried out in such a manner that each seat represents the same number of the population; this is done to ensure uniformity of representation throughout the state.
2. The term ‘population’ here means the population in the preceding census which has been published.

Delimitation:

1. After each census, readjustment has to be made both in the total number of seats in the Legislative Assembly of each state and the division of each state into territorial constituencies.
2. The Constitution has empowered the Parliament to determine the manner in which these adjustments have to be carried out and set up an appropriate authority for that. In line with this provision, the Parliament passed delimitation acts in 1952, 1962, 1972 and 2002.
3. To promote population control measures, the 42^nd Constitutional Amendment Act 1976 froze the allocation of seats to the states and division of states into constituencies by 2000, at the 1971 level. This was extended till 2026 by the 84^th Constitutional Amendment Act, 2001.
4. Further, the 87^th Constitutional Amendment Act 2003 permitted the adjustment of seats within the states as per the census figures of 2001 without altering the number of seats in the Assembly of each state.

Provisions for Reservation of Seats in the State Assemblies for the SCs and STs

• To deal with the backwardness and historical injustices towards Scheduled Tribes and Scheduled Castes, the Constitution has provided for the reservation of seats in state assemblies for SCs and STs in proportion to their population in the state.
• It is to be noted that this provision is not equivalent to the separate electorate; the candidates are elected by all the voters of that constituency.
• The Constitution had provided for this provision to continue for 10 years; however, it has been extended continuously since then by 10 years at a time. The 104^th Constitutional Amendment Act extended the reservations till 2030.
• The 87^th Constitutional Amendment Act has provided for the fixing of reserved seats on the basis of 2001 census

Provisions for Reservation of Seats in the State Assemblies for Women (106^th Constitutional Amendment Act)

• The Parliament in September 2023 passed the Constitution (One Hundred and Twenty-Eighth Amendment) Bill, 2023, also known as Nari Shakti Vandan Adhiniyam, providing reservation for women in 1/3^rd of the seats in the state legislatures.
• The reservations would continue for 15 years and can be further extended by the Parliament.
• It amends the following Articles of the Constitution:

1. 1. Article 239AA: 1/3^rd of the seats in the Assembly of the National Capital Territory of Delhi shall be reserved for women. It includes 1/3^rd horizontal reservation in seats for SCs.
   2. Insertion of Article 332A: 1/3^rd of the seats in state assemblies shall be reserved for women. It includes 1/3^rd horizontal reservation in seats reserved for SCs and STs.
   3. Insertion of 334A: The provisions for reservation would come into effect after the delimitation is undertaken on the basis of the first census after the commencement of this Act. The reservation of seats will cease to have effect after the expiration of 15 years from such commencement.

• Note: The strength of women MLAs in the state assemblies was around 9% in 2019 (ADR report).

For Further reference:

• Read the constitution of India.
• Read State Legislature.

Other Related Links:

Indian Constitution: All Articles and schedules	Article 1 of Indian Constitution
Article 2 of Indian Constitution	Article 3 of Indian Constitution
Article 4 of indian Constitution	Article 5 of Indian Constitution
Fundamental Rights	DPSP
Fundamental Duties	Amendments of the Indian Constitution
Article 169 of Indian Constitution	Article 171 of Indian Constitution