Article 170

Article 170 of the Constitution of India defines the structure, composition, and principles governing the Legislative Assemblies (Vidhan Sabhas) of the States. It ensures that each State’s legislature reflects the democratic principle of proportional representation, based on population distribution and territorial divisions. This article forms a vital part of India’s federal framework, as it determines how the voice of the people is represented at the State level.

Composition and Structure of Legislative Assemblies

Article 170(1) provides that each State shall have a Legislative Assembly consisting of not more than 500 and not less than 60 members, directly elected from territorial constituencies within the State. However, Parliament has the power to prescribe a smaller Assembly for certain States, particularly smaller States and Union territories, to ensure administrative practicality.
The members of the Legislative Assembly are chosen through direct elections based on the principle of universal adult suffrage, guaranteeing equal political participation to all eligible citizens. Each elected member represents a single territorial constituency, ensuring that all regions within a State are represented proportionally in its legislature.

Territorial Constituencies and the Principle of Equal Representation

For electoral purposes, every State is divided into territorial constituencies, and the Constitution mandates that the ratio between the population of each constituency and the number of seats allotted must be as uniform as possible throughout the State. This principle upholds the doctrine of “one person, one vote, one value”, ensuring equitable representation.
The process of division into constituencies and the allocation of seats is not arbitrary; it is carried out under the supervision of the Delimitation Commission, an independent body established by Parliament to prevent political influence and gerrymandering.

Population Basis for Representation

For determining the number of seats and the size of constituencies, the population figures from the last published census are used. However, due to constitutional amendments, there has been a freeze on delimitation and readjustment since the 42nd Amendment (1976), which was later extended by the 84th Amendment (2001) and the 87th Amendment (2003).
At present:

• The allocation of seats among States is based on the 1971 census.
• The division of territorial constituencies within States is based on the 2001 census.
• No readjustment of seats will take place until the first census after 2026.

This temporary freeze was intended to encourage population stabilisation measures and prevent penalising States that successfully implemented family planning policies.

Readjustment of Seats and Constituencies

After every census, a readjustment of the total number of seats and the boundaries of constituencies is constitutionally required to reflect changes in population distribution. Article 170(2) empowers Parliament to determine the authority and manner in which such readjustments are to be made.
Typically, this responsibility lies with the Delimitation Commission, which reviews constituency boundaries and ensures fairness and proportionality. Once readjustment is complete, the President of India specifies the date from which the changes will take effect. Importantly, any such readjustment does not alter the composition of an existing Assembly until it is dissolved, thereby ensuring continuity of governance.

Implementation and Administrative Procedure

The implementation of Article 170 involves several coordinated steps:

1. The census is conducted and its results officially published.
2. Parliament enacts legislation to initiate readjustment.
3. The Delimitation Commission is established to carry out the redrawing of constituency boundaries.
4. The President, by notification, specifies the effective date for applying the new boundaries and seat allocations.

Elections held prior to the notified date continue under the existing arrangement to avoid administrative and legal uncertainty.

Judicial Interpretation and Key Supreme Court Judgments

The Supreme Court of India has, through various judgments, elucidated principles underlying Article 170 and its related electoral provisions:

• Kuldip Nayar v. Union of India (2006): Reaffirmed the importance of free and fair elections and upheld the constitutional validity of representation methods, emphasising population-based representation.
• Indira Sawhney v. Union of India (1992): Discussed the role of population data in ensuring equality of representation and the rationality behind using census figures for determining electoral boundaries.
• State of West Bengal v. Union of India (1964): Examined the distribution of seats among constituencies, reiterating that equality in representation is a cornerstone of democratic governance.

Through these decisions, the Court has maintained that the principle of population-based representation must be balanced with administrative feasibility and the preservation of federal integrity.

Related Constitutional Provisions

Article 170 operates alongside other provisions that collectively regulate the composition and functioning of State Legislatures:

• Article 168: Provides for the constitution of State Legislatures.
• Article 171: Deals with the composition of Legislative Councils, where applicable.
• Article 333: Allows for the representation of the Anglo-Indian community in the Legislative Assemblies if the Governor so decides.

Additionally, the 73rd and 74th Constitutional Amendments (1992) that established the Panchayati Raj and Municipal systems indirectly influence State representation by strengthening local self-governance, thereby complementing the representative framework at the State level.

Amendments Affecting Article 170

Several amendments have had significant implications for Article 170:

• The 42nd Amendment (1976) froze the readjustment of constituencies until 2000.
• The 84th Amendment (2001) extended this freeze until the first census after 2026, but permitted the rationalisation of constituency boundaries based on 2001 census data without altering the number of seats.
• The 87th Amendment (2003) updated the population data reference from the 1991 census to the 2001 census for the purpose of delimitation.

These amendments reflect India’s cautious approach to balancing population control policies with the principle of equal representation.

Challenges and Criticisms

Despite its sound constitutional logic, Article 170 faces several challenges in implementation:

• The freeze on delimitation has resulted in unequal representation, as some States with slower population growth are underrepresented compared to those with higher growth.
• The delay in the census has caused discrepancies between demographic realities and legislative representation.
• There is ongoing debate on whether the post-2026 readjustment may significantly alter the political balance between northern and southern States, where demographic trends have diverged markedly.