Introduction
- Article 170 deals with the composition of the Legislative Assemblies of States. It lays down:
- the size of State Assemblies
- election from territorial constituencies
- readjustment after each census.
Article 170(1)
- Article 170(1) says that the Legislative Assembly of each State shall consist of:
- not more than 500 members
- not less than 60 members
- chosen by direct election from territorial constituencies in the State.
Article 170(2)
- Article 170(2) provides that each State shall be divided into territorial constituencies in such a way that, so far as practicable, the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the State.
Meaning
- This means Assembly representation should broadly follow the principle of equal population representation within a State. But the Constitution uses the phrase “so far as practicable,” so exact mathematical equality is not compulsory.
Article 170(3)
- Article 170(3) says that after each census, the:
- total number of seats in each State Legislative Assembly, and
- division of the State into territorial constituencies
shall be readjusted by such authority and in such manner as Parliament may by law determine.
Existing Assembly not disturbed immediately
- Article 170(3) also makes it clear that such readjustment does not affect the existing Legislative Assembly until its dissolution.
Current constitutional freeze
- The most important present point is that, until the relevant figures of the first census after 2026 are published, it is not necessary to readjust:
- the total number of seats in State Assemblies as readjusted on the basis of the 1971 Census
- and the division into territorial constituencies as readjusted on the basis of the 2001 Census.
Why Article 170 is important
- Article 170 is important because it provides the constitutional basis for:
- size of State Assemblies
- territorial constituency system
- delimitation after census
- population-based representation in States.
Conclusion
- Article 170 is the key constitutional provision governing the composition and delimitation of State Legislative Assemblies. At present, its most important exam point is the constitutional freeze on full readjustment until the first census after 2026.
