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62
THE CONSTITUTION OF INDIA

 

Part VI.—The States.—Arts. I70—I7I.

[](2) For the purposes of clause (I), 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.

(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.]

Composition of the Legislative Councils.

I7I. (I) The total number of members in the Legislative Council of a State having such a Council shall not exceed [][one-third] of the total number of members in the Legislative Assembly of that State :

Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).

(3) Of the total number of members of the Legislative Council of a State—

(a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;
 
  1. NOTE.—Paragraph 2 of the Constitution (Removal of Difficulties) Order No. VIII provides as follows:—
    For the period during which the tribal areas specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule to the Constitution or any parts thereof are administered by the President by virtue of sub-paragraph (2) of paragraph I8 of the said Schedule, the Constitution of India shall have effect subject to the following adaptation :—
    In clause (2) of article 170, after the words, "throughout the State" the following provison shall be inserted, namely:—
    "Provided that the constituencies into which the State of Assam is divided shall not comprise the tribal area specified in Part B of the Table appended to paragraph 20 of the Sixth Schedule."
  2. Subs. by the Constitution (Seventh Amendment) Act, I956, s. I0, for "one-fourth".