Article 170 of the Indian Constitution: Composition of the Legislative Assemblies

Article 170 of the Indian Constitution is a foundational provision that dictates the structure and composition of the Legislative Assembly in each state of India. It lays down the fundamental principles governing how the members of the State Assembly are elected and the parameters determining the size of these crucial legislative bodies. This article ensures that the composition reflects the democratic principle of representation based on population.

This article outlines the maximum and minimum strength of the Legislative Assembly, mandates direct elections from territorial constituencies, and establishes the procedure for adjusting constituencies based on population changes after each census. It is vital for understanding the legislative framework at the state level and the process of democratic representation within the Indian federal structure.

Original Text

Article 170. Composition of the Legislative Assemblies.

(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, (i) for the purposes of sub-clause (a) of clause (2) of Article 170, as a reference to the 2001 census; and (ii) for the purposes of sub-clause (b) of clause (2) of Article 170, as a reference to the 2011 census: Provided further 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 2011 census for the purposes of delimitation of territorial constituencies under this article:

(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, appoint 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 each State into territorial constituencies as readjusted on the basis of the 2011 census for the purposes of the provisions to the further proviso to sub-clause (b) of clause (2):

Detailed Explanation

Article 170 deals with the composition of the Legislative Assemblies of the states.

Clause (1):

This clause specifies the strength of the Legislative Assembly of each state.
It states that the Assembly shall consist of not more than 500 members and not less than 60 members.
These members are to be chosen by direct election from territorial constituencies within the state.
The clause is subject to Article 333, which historically allowed for the nomination of one member from the Anglo-Indian community by the Governor if they were not adequately represented. (Note: This provision for nomination has been removed by the 104th Constitutional Amendment Act, 2019, effectively making Article 170(1) no longer subject to Article 333 in practice regarding nomination).

Clause (2):

This clause outlines the principle for dividing a state into territorial constituencies.
The division must be done in such a way that the ratio between the population of each constituency and the number of seats allotted to it is, as far as practicable, the same throughout the state. This ensures equitable representation based on population.
Explanation: Defines “population” for the purpose of this article as the population ascertained at the last preceding census whose figures have been published.
- First Proviso to Explanation: This proviso was inserted by amendments to freeze the population basis for determining the number of seats and constituencies.
  - For sub-clause (a) of clause (2) (which was omitted by a previous amendment and is no longer relevant in the current text, but the proviso remains referencing it for historical reasons), the 2001 census was specified until the first census after 2026.
  - For sub-clause (b) of clause (2) (which refers to the ratio calculation), the 2011 census is specified until the first census after 2026.
- Second Proviso to Explanation: This further clarifies that for the delimitation of territorial constituencies (i.e., defining their boundaries), the 2011 census shall be the basis until the first census after 2026.

Clause (3):

Mandates the readjustment of the total number of seats in the Assembly and the division of the state into territorial constituencies after the completion of each census.
This readjustment is to be carried out by an authority and in a manner determined by a law made by Parliament. This authority is typically the Delimitation Commission.
First Proviso: States that such readjustment will not affect the representation in the existing Legislative Assembly until it is dissolved. This prevents frequent changes during the term of an Assembly.
Second Proviso: Specifies that the readjustment takes effect from a date appointed by the President. Until it takes effect, elections can still be held based on the old constituencies.
Third Proviso: This crucial proviso, introduced by amendments (like the 84th and 87th Constitutional Amendment Acts), freezes the readjustment process based on recent census figures until after the first census taken after the year 2026.
- Sub-clause (i): Freezes the total number of seats in the Assembly of each state based on the 1971 census. This means the total number of MLAs a state can have is fixed based on its population in 1971, despite subsequent population growth.
- Sub-clause (ii): Freezes the division of the state into territorial constituencies (i.e., the drawing of boundaries) based on the 2011 census. This ensures that although the total number of seats per state remains tied to 1971 population, the boundaries are drawn based on the more recent 2011 population data to make representation within the state more equitable among constituencies. (Note: The reference to the proviso to sub-clause (b) of clause (2) here is complex but essentially links this freezing to the principle of equal ratio established in clause 2, using the 2011 census data for boundary drawing).

In essence, Article 170 sets the minimum and maximum size limits for State Assemblies, requires direct election from population-based constituencies, and outlines the process of readjusting these based on the census, while currently freezing the total number of seats based on the 1971 census and constituency boundaries based on the 2011 census until after the 2026 census.

Detailed Notes

Composition: State Legislative Assembly (Vidhan Sabha).
Members: Chosen by direct election from territorial constituencies.
Strength:
- Minimum: Not less than 60 members.
- Maximum: Not more than 500 members.
Exceptions: Some states have fewer than 60 members due to special Acts of Parliament (e.g., Goa, Mizoram, Sikkim, Puducherry (UT)). This power derives from Article 4, which allows Parliament to make supplementary, incidental, and consequential provisions when creating new states or altering areas, boundaries, or names of existing states (under Articles 2 and 3), overriding provisions like Article 170.
Territorial Constituencies: State is divided into constituencies.
Basis of Division: The ratio between the population of each constituency and the number of seats allotted to it must be roughly the same throughout the state (principle of population parity).
Population Definition: As per the last preceding census whose figures are published.
Readjustment (Delimitation):
- Mandated after the completion of each census.
- Involves readjusting the total number of seats and the boundaries of constituencies.
- Carried out by an authority determined by Parliament (Delimitation Commission).
Effect of Readjustment:
- Does not affect the representation of the existing Assembly until its dissolution.
- Takes effect from a date appointed by the President.
Freezing of Readjustment (until after 2026 census):
- Total number of seats: Fixed based on the 1971 census. This was initially frozen until 2000 by the 42nd Amendment, then extended to 2026 by the 84th Amendment.
- Division into constituencies (boundaries): Fixed based on the 2011 census. This was updated from the 1991 census (by 84th Amendment) to the 2001 census (by 87th Amendment) and then effectively used the 2011 census for delimitation where states allowed it based on their 2001 or 2011 population. The third proviso now explicitly points to 2011 for delimitation purposes until after 2026.
Reason for Freezing: To encourage population control measures among states without facing a reduction or stagnation in their representation in Parliament and State Assemblies.
Nomination: Historically, subject to Article 333 allowing the Governor to nominate one Anglo-Indian member. The 104th Amendment Act, 2019, discontinued this provision, making nomination under Article 333 ineffective.

Additional Comments

Article 170 is the state-level counterpart to Article 81, which deals with the composition of the House of the People (Lok Sabha). Both articles use population as the basis for representation and mandate readjustment after each census, with similar provisions for freezing the number of seats and delimitation based on specified census data until after 2026.
The Delimitation Commission is a powerful body whose orders drawing constituency boundaries cannot be challenged in a court of law. This ensures the timely completion of the delimitation process.
The freezing of the total number of seats based on the 1971 census has led to disparities in the value of votes between states, as their populations have grown at different rates since 1971 while their representation remains fixed.
The freezing of delimitation based on the 2011 census for drawing boundaries helps ensure that representation within a state is relatively equal across constituencies based on more recent population data, even if the total number of seats for the state isn’t updated.
The reference to sub-clause (a) and (b) of clause (2) in the Explanation’s provisos relates to the original wording of Article 170 before amendments, where sub-clause (a) dealt with seat allocation and sub-clause (b) with constituency division based on population ratio. Though sub-clause (a) was omitted, the references in the provisos remain due to complex amendment history.

Summary

Article 170 of the Indian Constitution governs the composition of State Legislative Assemblies. It mandates that each Assembly shall have a minimum of 60 and a maximum of 500 members, directly elected from territorial constituencies. The allocation of seats and division into constituencies are based on population, aiming for a uniform ratio of population to seats across the state. While adjustments are to be made after each census, the total number of seats for each state is currently frozen based on the 1971 census until after the census following 2026. The delimitation of constituencies (drawing boundaries) is based on the 2011 census until the same period. Readjustments are carried out by an authority determined by Parliament and do not affect the existing Assembly until its dissolution.