Part VI: The States

Chapter III: The State Legislature - General

Article 170: Composition of the Legislative Assemblies

--- Original Article ---

(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 2026 have been published, be construed as a reference to the 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 2026 have been published, it shall not be necessary to readjust—

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

Explanation

Article 170 establishes the framework for the structure and representation in state legislatures. It provides a balance between effective governance and fair representation through well-defined clauses and periodic adjustments based on demographic data.

This article sets specific guidelines for the number of Assembly members and proportional representation, adjusting based on census data to ensure fair representation across constituencies.

Clause Analysis

• Clause (1): Size of the Legislative Assembly: Limits the number of members in each state's Legislative Assembly to a minimum of 60 and a maximum of 500, chosen by direct election.
• Clause (2): Representation Ratio: Ensures each constituency maintains a consistent population-to-seat ratio, balancing representation across constituencies.
• Clause (3): Census-Based Adjustments: Mandates adjustments to representation and constituency boundaries based on each census to maintain alignment with population data.

Amendments

Seventh Amendment Act, 1956: Redefined state boundaries and made adjustments to constituency sizes, enhancing fair representation in larger or more densely populated states.

Forty-second Amendment Act, 1976: Temporarily restricted readjustment of seats based on population data to prevent frequent changes, focusing on stability in representation until 2026.

Eighty-fourth Amendment Act, 2001: Further extended the freeze on readjustments, stabilizing representation across rapidly growing states.

Eighty-seventh Amendment Act, 2003: Adjusted the "population" data for constituency ratios based on the 2001 census, ensuring updated representation as per recent demographics.

Real-Life Example

• In Maharashtra, census-based adjustments increased urban representation to reflect population shifts towards cities, aligning legislative representation with updated demographic data.
• Uttar Pradesh's assembly seats are adjusted following the 2001 census, balancing rural and urban constituencies to ensure fair representation across its varied population.

Historical Significance

The historical context of Article 170 reflects India's adaptation to population dynamics and legislative representation in a federal structure. Since its inception, amendments and periodic freezes on readjustments highlight efforts to maintain electoral fairness without excessive disruptions.

The article's provisions ensure equitable and manageable assembly sizes, addressing India's regional diversity and demographic changes while maintaining governance stability.

Legislative History

Initially drafted as Article 149 in the Draft Constitution, Article 170 was extensively debated in the Constituent Assembly. Discussions focused on balancing fair representation with manageable legislative sizes, especially in states with large populations or rural regions.

Further amendments reflected evolving governance needs and the importance of periodic adjustments based on census data.

Debates and Deliberations

Prof. K.T. Shah argued for a minimum qualification standard for Assembly candidates to ensure capable leadership. He emphasized the need for proportional representation for fairer, more diverse legislative structures.

Mr. Naziruddin Ahmad expressed concerns about outdated census data affecting fair representation. He argued for updated data to ensure that population shifts and state restructuring accurately inform constituency sizes and representation ratios.

Dr. B.R. Ambedkar suggested modifications that aligned with broader equality principles. He supported representation adjustments for updated census data, acknowledging the varying rates of population growth across states.

Shri T.T. Krishnamachari proposed a revised population basis for representation, changing it from 100,000 to 75,000 to better reflect population realities, especially in rural regions where accessibility issues could prevent full participation.

Members from Assam, like Shri Rohini Kumar Chaudhari, noted the unique demographic challenges in their region, highlighting the necessity for exceptions to accommodate recent population changes and historical contexts.

Shri Gopinath Bardoloi supported regional representation variations in Assam, emphasizing the need for fair inclusion of minority and indigenous communities.

Pandit Thakur Dass Bhargava raised concerns over outdated population data affecting Punjab and Bengal post-partition. He argued that ignoring current demographics could undermine representation fairness.

References

• Constitution of India, Article 170
• Constitution (Seventh Amendment) Act, 1956
• Constitution (Forty-second Amendment) Act, 1976
• Constitution (Eighty-fourth Amendment) Act, 2001
• Constitution (Eighty-seventh Amendment) Act, 2003