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What is Constitution Of India Article 170?

Answer By law4u team

{1}Constitution Of India 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.

{2}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 {3}2026 have been published, be construed as a reference to the {4}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:

{5}Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly: {5}[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 {3}[2026] have been published, it shall not be necessary to
{6}[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 4[2001] census, under this clause.]

Note

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9, for art. 170 (w.e.f. 1-11-1956).

2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, s. 29, for the Explanation (w.e.f. 3-1-1977).

3. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for 2000 (w.e.f. 21-2-2002).

4. Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for 1991 (w.e.f. 22-6-2003). The figures 1991 were substituted for the original figures 1971 by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5 (w.e.f. 21-2-2002).

5. Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29 (w.e.f. 3-1-1977).
6. Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain words (w.e.f. 21-2-2002).

Brief Detail

Article 170 lays down the composition of the Legislative Assemblies in the States. The number of members of each Assembly must be between 60 and 500, elected from territorial constituencies. The constituencies must be drawn in such a way that the ratio between the population and the seats is as uniform as possible. After each census, the number of seats and constituencies may be readjusted by an authority designated by Parliament, but this will not affect the representation until the dissolution of the existing Assembly.

Question & Answers

What is the composition of the Legislative Assemblies according to Article 170?

Article 170 mandates that the Legislative Assembly of each State must have no more than 500 and no less than 60 members, who are elected directly from territorial constituencies. The constituencies are designed to ensure as uniform a population-to-seat ratio as possible.

What happens after each census regarding the Legislative Assemblies?

After each census, the number of seats and constituencies may be adjusted based on the population. However, the adjustment will not affect the current Assembly until its dissolution.

Example

For instance, after the 2021 census, the state of Maharashtra may undergo a reorganization of its Legislative Assembly constituencies to reflect changes in population. However, elections will continue under the current structure until the reorganization takes effect, as determined by the President.

Summary

Article 170 ensures that each State's Legislative Assembly consists of between 60 and 500 members. After every census, adjustments can be made to constituencies and seats, but such changes will not affect elections until the dissolution of the existing Assembly.

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