The Council of States
23. Amendment of the Fourth Schedule to the Constitution.―As from the appointed day, in the
Fourth Schedule to the Constitution, for the Table of Seats, the following Table shall be substituted,
namely:―
“Table of Seats
1. Andhra Pradesh 18
2. Assam 6
3. Bihar 21
4. Bombay 27
5. Kerala 9
6. Madhya Pradesh 16
7. Madras 17
8. Mysore 12
9. Orissa 9
10. Punjab 11
11. Rajasthan 10
15
12. Uttar Pradesh 31
13. West Bengal 14
14. Jammu and Kashmir 4
15. Delhi 1
16. Himachal Pradesh 1
17. Manipur|
18. Tripura
1
208”.
24. Allocation of sitting members in the Council of States.―(1) The twelve sitting members
representing the State of Andhra and such six of the eleven sitting members representing the State of
Hyderabad as the Chairman shall by order specify shall, as from the appointed day, be deemed to have
been duly elected to fill the eighteen seats allotted to the State of Andhra Pradesh.
(2) Such five of the six sitting members representing the State of Travancore-Cochin and such three
of the eighteen sitting members representing the State of Madras as the Chairman shall by order specify
shall, as from the appointed day, be deemed to have been duly elected to fill eight of the nine seats
allotted to the State of Kerala.
(3) The eleven sitting members representing the States of Bhopal, Madhya Bharat and Vindhya
Pradesh and such five of the twelve sitting members representing the State of Madhya Pradesh as the
Chairman shall by order specify shall, as from the appointed day, be deemed to have been duly elected to
fill the sixteen seats allotted to the new State of Madhya Pradesh.
(4) Such one of the six sitting members representing the State of Travancore-Cochin as the Chairman
shall by order specify shall, as from the appointed day, be deemed to have been duly elected to fill one of
the seats allotted to the State of Madras.
(5) The six sitting members representing the State of Mysore, and such four of the seventeen sitting
members representing the State of Bombay, and such two of the eleven sitting members representing the
State of Hyderabad, as the Chairman shall by order specify shall, as from the appointed day, be deemed to
have been duly elected to fill the twelve seats allotted to the new State of Mysore.
(6) The eleven sitting members representing the existing States of Punjab and Patiala and East Punjab
States Union shall, as from the appointed day, be deemed to have been duly elected to fill the eleven seats
allotted to the new State of Punjab.
(7) The nine sitting members representing the State of Rajasthan and the sitting members representing
the States of Ajmer and Coorg shall, as from the appointed day, be deemed to have been duly elected to
fill the ten seats allotted to the new State of Rajasthan:
Provided that if the number of sitting members representing the State of Rajasthan is less than nine,
such one of the sitting members representing the existing State of Bombay as the Chairman shall by order
specify shall, as from the appointed day, be deemed to have been duly elected to fill one of the seats
allotted to the new State of Rajasthan.
(8) The five sitting members representing the State of Saurashtra and Kutch and the sitting members
representing the existing States of Bombay, Hyderabad and Madhya Pradesh who have not been allocated
under sub-sections (1), (3), (5) and (7) to Andhra Pradesh, Madhya Pradesh, Mysore or Rajasthan shall, as
from the appointed day, be deemed to have been duly elected to fill the twenty-seven seats allotted to the
new State of Bombay.
16
(9) In this section, “Chairman” means the Chairman of the Council of States.
25. By-elections to fill vacancies.―As soon as may be after the appointed day, by-elections shall be
held to fill the vacancies existing on the appointed day in the seats allotted to the States of Kerala and
Madras.
26. Term of office of members.―In order that, as nearly as may be, one-third of the members may
retire on the 2nd day of April, 1958, and on the expiration of every second year thereafter, the President
shall, after consultation with the Election Commission, make by order such provisions as he thinks fit in
regard to the terms of office of the members elected under section 25 and such modifications as he thinks
fit in the terms of office of any of the sitting members.
The House of the People
27. Provision as to existing House.―Nothing in Part II shall be deemed to affect the constitution or
duration of the existing House of the People or the extent of the constituency of any sitting member of
that House.
The Legislative Assembly
28. Changes in composition and allocation of sitting members.―(1) Where by virtue of the
provisions of Part II the whole area of any Assembly constituency in an existing State is transferred to any
other existing State or becomes part of a new State other than Kerala,―
(a) that area shall, as from the appointed day, be deemed to form a constituency provided by law
for the purpose of elections to the Legislative Assembly of such other existing State or of such new
State, as the case may be; and
(b) the sitting member representing that constituency shall, as from the appointed day, be deemed
to have been elected to the said Legislative Assembly by that constituency and shall cease to be a
member of the Legislative Assembly of which he was a member immediately before that day.
(2) The sitting members representing the assembly constituencies in the State of Madras falling
wholly or partly within the territories of that State which, on the appointed day, become part of the new
State of Kerala shall, as from that day, cease to be members of the Legislative Assembly of Madras.
(3) The provisions of the First Schedule shall apply in relation to the sitting members representing the
Assembly constituencies specified therein, parts of which are by virtue of the provisions of Part II
transferred from an existing State to another existing State or to a new State.
(4) The members of the electoral college for Kutch constituted under section 27A of the
Representation of the People Act, 1950 (43 of 1950) shall, as soon as may be after the commencement of
this Act, elect eight persons from among themselves in accordance with the system of proportional
representation by means of the single transferable vote and in such manner as may be prescribed; and the
persons so elected shall, as from the appointed day, be deemed to have been elected to the Legislative
Assembly of Bombay by a constituency comprising the whole of Kutch district.
(5) The office of member of the Council of Advisers constituted for the State of Kutch under
section 42 of the Government of Part C States Act, 1951 (49 of 1951), is hereby declared to be an office
of profit under the Government of India which shall not disqualify its holder for being elected under
sub-section (4) or for becoming a member of the Legislative Assembly of Bombay as provided in that
sub- section.
(6) The sitting members nominated under article 333 to represent the Anglo-Indian community in the
Legislative Assemblies of Madhya Pradesh and Mysore shall, as from the appointed day, cease to be
members of those Assemblies and shall be deemed to have been nominated under the said article by the
respective Governors to the Legislative Assemblies of the corresponding new States.
17
29. Special provision for elections to the Andhra Pradesh Legislative Assembly.―When a
general election is next held in the State of Andhra Pradesh for electing members to the House of the
People, elections shall also be held to fill the seats allotted to the assembly constituencies into which the
transferred territory in that State is divided in the order referred to in sub-section (2) of section 47, as if
those seats had become vacant; and as from the date appointed under the Representation of the People
Act, 1951 (43 of 1951) as the date before which the said elections shall be completed, all the persons who,
having been sitting members of the Legislative Assembly of Hyderabad, become on the appointed day
members of the Legislative Assembly of Andhra Pradesh under sub-section (1) or sub-section (3) of
section 28 of this Act shall cease to be such members.
30. Duration of Legislative Assemblies.―The period of five years referred to in clause (1) of article
172 shall, in the case of the Legislative Assembly of each new State except Kerala, as constituted by the
provisions of section 28, be deemed to have commenced on the date on which it actually commenced in
the case of the Legislative Assembly of the corresponding State.
31. Speakers and Deputy Speakers.―(1) As from the appointed day and until the first meeting of
the Legislative Assembly of a new State other than Kerala, the persons who immediately before the
appointed day are the Speaker and Deputy Speaker of the Legislative Assembly of the corresponding
State shall, if they are members of the Legislative Assembly of the new State, be the Speaker and Deputy
Speaker, respectively, of that Assembly.
(2) As soon as may be after the appointed day, the Legislative Assembly of the State of Andhra
Pradesh shall choose two members of the Assembly to be respectively Speaker and Deputy Speaker
thereof and until they are so chosen, the persons who immediately before the appointed day are the
Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Andhra shall be the
Speaker and Deputy Speaker, respectively, of the Legislative Assembly of the State of Andhra Pradesh.
32. Rules of procedure.―Until rules are made under clause (1) of article 208 by the Legislative
Assembly of a new State, the rules as to procedure and conduct of business in force immediately before
the appointed day with respect to the Legislative Assembly of the corresponding State shall have effect in
relation to the Legislative Assembly of the new State subject to such modifications and adaptations as
may be made therein by the Speaker.
The Legislative Councils
33. Madhya Pradesh Legislative Council.―(1) As from such date as the President may by order
appoint, there shall be a Legislative Council for the new State of Madhya Pradesh.
(2) In the said Council there shall be 1
[90] seats of which—
(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b)
and (c) of clause (3) of article 171 shall be 2
[31, 8 and 8] respectively;
(b) the number to be filled by persons elected by the members of the Legislative Assembly in
accordance with the provisions of sub-clause (d) of the said clause shall be 3
[31]; and
(c) the number to be filled by persons nominated by the Governor in accordance with the
provisions of sub-clause (e) of that clause shall be 12.
(3) As soon as may be after the commencement of 4
[the Legislative Councils Act, 1957 (37 of 1957)],
the President, after consultation with the Election Commission, shall by order determine—
(a) the constituencies into which the said new State shall be divided for the purpose of elections
to the Council under each of the sub-clauses (a), (b) and (c) of clause (3) of article 171;
1. Subs. by Act 37 of 1957, s. 6, for “72” (w.e.f. 18-9-1957).
2. Subs. by s. 6, ibid., for “24, 6 and 6” (w.e.f. 18-9-1957).
3. Subs. by s. 6, ibid., for “24” (w.e.f. 18-9-1957).
4. Subs. by s. 6, ibid., for “this Act” (w.e.f. 18-9-1957).
18
(b) the extent of each constituency; and
(c) the number of seats allotted to each constituency.
(4) As soon as may be after 1
[such commencement], steps shall be taken to constitute the said Council
in accordance with the provisions of this section and the provisions of the Representation of the People
Act, 1950 (43 of 1950) and the Representation of the People Act, 1951 (43 of 1951).
2
* * * * *
34. Bombay Legislative Council.―(1) As from such date as the President may by order appoint,
there shall be a Legislative Council for the new State of Bombay.
(2) 3
[Until otherwise provided by law], the said Council shall consist of—
(a) all the sitting members of the Legislative Council of the existing State of Bombay, except
those representing the Belgaum (Local Authorities), Bijapur (Local Authorities) and Dharwar (Local
Authorities) constitutencies; and
(b) 25 members to represent the territories specified in clauses (b), (c), (d) and (e) of
sub-section (1) of section 8 who shall be chosen in such manner as may be prescribed.
4
* * * * *
35. Madras Legislative Council.―(1) In the Legislative Council of Madras, as from the appointed
day, there shall be 5
[50] seats of which—
(a) the numbers to be filled by persons elected by the electorates referred to in sub-clauses (a), (b)
and (c) of clause (3) of article 171 shall be 6
[16, 6 and 4] respectively;
(b) the number to be filled by persons elected by the members of the Legislative Assembly in
accordance with the provisions of sub-clause (d) of the said clause shall be 16; and
(c) the number to be filled by persons nominated by the Governor in accordance with the
provisions of sub-clause (e) of that clause shall be 8.
(2) As from the appointed day, the Delimitation of Council Constituencies (Madras) Order, 1951 shall
have effect subject to the modifications directed by the Second Schedule, and in the said Order,―
(a) any reference to the State of Madras shall be construed as including the territory added to that
State by section 4 and as excluding the territory which ceases to be part of that State by virtue of
section 5, section 6 or section 7;
(b) any reference to Tirunelveli district shall be construed as including the territory added to that
district by section 4; and
(c) any reference to Coimbatore district shall be construed as excluding Kollegal taluk.
(3) The two sitting members of the said Council representing the West Coast (Local Authorities)
Constituency 7
***, and such two of the eighteen sitting members elected by the members of the
1. Subs. by Act 37 of 1957, s. 6, for “the appointed day” (w.e.f.18-9-1957).
2. Proviso omitted by s. 6, ibid. (w.e.f. 18-9-1957).
3. Subs. by s. 5, ibid., for “Until the said Council has been reconstituted in accordance with the provisions of sub-sections (4) and
(5) of this section and summoned to meet for the first time” (w.e.f. 18-9-1957).
4. Omitted by s. 5, ibid. (w.e.f. 18-9-1957).
5. Subs. by Act 67 of 1956, s. 2, for “48” (w.e.f. 1-11-1956).
6. Subs. by s. 2, ibid., for “16, 4 and 4” (w.e.f. 1-11-1956).
7. The words and brackets “and such two of the six sitting members representing the Madras (Graduates) Constituency” omitted
by s. 2, ibid. (w.e.f. 1-11-1956).
19
Legislative Assembly, as the Chairman of the said Council shall by order specify, shall, on the appointed
day, cease to be members of the said Council.
(4) If, immediately before the appointed day, the total number of sitting members nominated by the
Governor is nine, such one of them as the Governor shall by order specify shall, on the appointed day,
cease to be a member of the said Council.
(5) Save as provided by sub-section (3), every sitting member of the said Council representing a
council constituency the extent of which is altered by virtue of sub-section (2) shall, as from the appointed
day, be deemed to have been elected to the said Council by that constitutency as so altered.
(6) As soon as may be after the appointed day, by-elections shall be held in all the local authorities
constituencies to fill the vacancies existing on that day in the said Council.
(7) In order that, as nearly as may be, one-third of the members of the said Council may retire on the
20th April, 1958, and on the expiration of every second year thereafter, the Governor shall after
consultation with the Election Commission, make by order such provisions as he thinks fit in regard to the
terms of office of the members elected under sub-section (6) and such modifications as he thinks fit in the
terms of office of any of the sitting members.
36. Mysore Legislative Council.―(1) As from the appointed day there shall be a Legislative Council
for the new State of Mysore.
(2) 1
[Until otherwise provided by law], the said Council shall consist of—
(a) all the sitting members of the Legislative Council of the existing State of Mysore, and
(b) 12 members to represent the territories specified in clauses (b), (c), (d) and (e) of
sub-section (1) of section 7 who shall be chosen in such manner as may be prescribed.
2
* * * * *
37. Punjab Legislative Council.―(1) As from the appointed day there shall be a Legislative Council
for the new State of Punjab.
(2) 3
[Until otherwise provided by law] the said Council shall consist of—
(a) all the sitting members of the Legislative Council of the existing State of Punjab; and
(b) six persons to be elected in such manner as may be prescribed by the members of the
Legislative Assembly of the existing State of Patiala and East Punjab States Union from amongst
persons who are not members of that Assembly.
4
* * * * *
38. Chairman and Deputy Chairman.―As from the appointed day until the first meeting of the
Legislative Council of the new State of Bombay, Mysore or Punjab, as the case may be, the persons who
immediately before the appointed day are the Chairman and Deputy Chairman of the Legislative Council
of the corresponding State shall be the Chairman and Deputy Chairman, respectively, of that Council.
39. Rules of procedure.―Until rules are made under clause (1) of article 208 by the Legislative
Council of the new State of Bombay, Mysore or Punjab, the rules as to procedure and conduct of business
in force immediately before the appointed day with respect to the Legislative Council of the
1. Subs. by Act 37 of 1957, s. 8, for “Until the said Council has been reconstituted in accordance with the provisions of subsections (3) and (4) of this section and summoned to meet for the first time” (w.e.f. 18-9-1957).
2. Omitted by s. 8, ibid. (w.e.f. 18-9-1957).
3. Subs. by s. 9, ibid., for certain words (w.e.f. 18-9-1957).
4. Omitted by s. 9, ibid. (w.e.f. 18-9-1957).
20
corresponding State shall have effect in relation to the Legislative Council of the new State subject to
such modifications and adaptations as may be made therein by the Chairman.
Delimitation of Constituencies
40. Allocation of seats in the House of the People and assignment of seats to State Legislative
Assemblies.―The number of seats in the House of the People allotted to each of the States and the
number of seats assigned to the Legislative Assembly of each Part A State and of each Part B State other
than Jammu and Kashmir by order of the Delimitation Commission under the Delimitation Commission
Act, 1952 (81 of 1952) (hereinafter in this Part referred to as “the former Commission” and “the former
Act”, respectively) shall be modified as shown in the Third Schedule.
41. Modification of the Scheduled Castes and Scheduled Tribes Orders.―As soon as may be
after the commencement of this Act, the President shall by order make such modifications in the
Constitution (Scheduled Castes) Order, 1950, the Constitution (Scheduled Castes) (Part C States) Order,
1951, the Constitution (Scheduled Tribes) Order, 1950 and the Constitution (Scheduled Tribes) (Part C
States) Order, 1951, as he thinks fit having regard to the territorial changes and formation of new States
under the provisions of Part II.
42. Determination of population of Scheduled Castes and Scheduled Tribes.―(1) After the said
Orders have been so modified, the population as at the last census of the scheduled castes and of the
scheduled tribes in the territory which, as from the appointed day, will be comprised in each of the States
of Andhra Pradesh, Bombay, Kerala, Madhya Pradesh, Madras, Mysore, Punjab and Rajasthan, shall be
ascertained or estimated by the census authority in such manner as may be prescribed and shall be
notified by that authority in the Gazette of India.
(2) The population figures so notified shall be taken to be the relevant population figures as
ascertained at the last census and shall supersede any figures previously published.
43. Constitution of Delimitation Commission.―(1) As soon as may be after the commencement of
this Act, the Central Government shall constitute a Commission to be called the Delimitation Commission
which shall consist of three members as follows:―
(a) two members each of whom shall be a person who is, or has been, a Judge of the Supreme
Court or of a High Court, to be appointed by the Central Government; and
(b) the Chief Election Commissioner, ex officio.
(2) The Central Government shall nominate one of the members appointed under clause (a) of
sub-section (1) to be the Chairman of the Commission.
44. Duties of the Commission.―It shall be the duty of the Commission—
(a) to determine on the basis of the population figures notified under section 42 the number of
seats, if any, to be reserved for the scheduled castes and scheduled tribes of each of the States
mentioned in that section in the House of the People and in the Legislative Assembly of the State,
having regard to the relevant provisions of the Constitution and of this Act;
(b) to determine the parliamentary and assembly constituencies into which each new State shall
be divided, the extent of, and the number of seats to be allotted to each such constituency, and the
number of seats, if any, to be reserved for the scheduled castes and the scheduled tribes of the State in
each such constituency; and
(c) to revise or cancel any of the orders of the former Commission made under section 8 of the
former Act so as to provide, having regard to the provisions of the Constitution and of this Act, for a
proper delimitation of all parliamentary and assembly constituencies.
21
45. Associate members.―(1) For the purpose of assisting the Commission in the performance of its
functions under clause (b) of section 44, the Commission shall associate with itself in respect of each new
State such five persons as the Central Government shall by order specify, being persons who are members
either of the House of the People or of the Legislative Assembly of an existing State:
Provided that such persons shall be chosen, so far as practicable, from among those members who
were associated with the former Commission in delimiting constituencies in any part of the territories of
the new State.
(2) None of the associate members shall have a right to vote or to sign any decision of the
Commission.
46. Casual vacancies.―If, owing to death or resignation, the office of the Chairman or of a member
or of an associate member falls vacant, it shall be filled as soon as may be practicable by the Central
Government in accordance with the provisions of section 43 or, as the case may be, of section 45.
47. Procedure as to delimitation.―(1) The provisions of section 7 of the former Act shall apply in
relation to the Commission as it applied in relation to the former Commission; and in determining the
matters referred to in clauses (b) and (c) of section 44, the Commission shall have regard to the provisions
contained in clauses (a) to (e) of sub-section (2) of section 8 of the former Act.
(2) After determining all the matters referred to in section 44, the Commission shall prepare an order,
to be known as the Delimitation of Parliamentary and Assembly Constituencies Order, 1956 and send
authenticated copies thereof to the Central Government and to each of the State Governments; and
thereupon, that Order shall supersede all the orders made by the former Commission and have the full
force of law and shall not be called in question in any Court.
(3) As soon as may be after the said Order is received by the Central Government or a State
Government, it shall be laid before the House of the People or, as the case may be, the Legislative
Assembly of the State.
(4) Subject to the provisions of sub-section (5), the readjustment of the representation of the several
constituencies in the House of the People or in the Legislative Assembly of a State and the delimitation of
those constituencies provided for in the said Order shall apply in relation to every election to the House of
the People or to the Legislative Assembly of a State, as the case may be, held after the appointed day, and
shall so apply in supersession of the provisions contained in any other law.
(5) Nothing in this section shall affect the representation in the House of the People or in the
Legislative Assembly of a State until the dissolution of the House or the Assembly, as the case may be,
existing or brought into existence on the appointed day.
(6) At any time within six months of the date of the said Order, any printing mistake found therein
and any other error arising therein from an accidental slip or omission may be corrected by the Chief
Election Commissioner by order published in the Gazette of India.
48. Special provision as to certain elections.―Where any election is held during the year
commencing on the appointed day to fill a seat or seats in the Council of States allotted to a new or
reorganised State or a seat or seats in the Legislative Assembly or Legislative Council, if any, of such
State, any person who is for the time being an elector for a parliamentary constituency or assembly
constituency in any of the connected States, shall, for the purpose of sub-section (1) of section 3,
clause (c) of section 5 or sub-section (1) of section 6, as the case may be, of the Representation of the
People Act, 1951 (43 of 1951), be deemed to be an elector for a parliamentary constituency or assembly
constituency, as the case may be, of that new or reorganised State.
Explanation.―In this section “new or reorganised State” means any of the States specified in the first
column of the following Table, and “connected States”, in relation to a new or reorganised State, means
the States specified against that new or reorganised State in the second column:
22
New or reorganised State Connected States
1. Andhra Pradesh . . Bombay and Mysore
2. Bombay . . . . Andhra Pradesh, Madhya Pradesh, and
Mysore
3. Kerala . . . . Madras
4. Madhya Pradesh . . Bombay
5. Madras . . . . Kerala and Mysore
6. Mysore . . . . Andhra Pradesh, Bombay, and Madras.