The Council of States
7. Amendment of the Fourth Schedule to the Constitution.—On and from the appointed day, in
the Fourth Schedule to the Constitution, in the Table,—
(a) entries 17 to 28 shall be renumbered as entries 18 to 29 respectively;
(b) in entry 16, for the figures “34”, the figures “31” shall be substituted;
(c) after entry 16, the following entry shall be inserted, namely:—
“17.Uttaranchal ....................................................................3”.
8. Allocation of sitting members.—(1) On and from the appointed day, thirty-four sitting members
of the Council of States representing the existing State of Uttar Pradesh shall be deemed to have been
elected to fill the seats allotted to the States of Uttar Pradesh and Uttaranchal, as specified in the First
Schedule to this Act.
(2) The term of office of such sitting members shall remain unaltered.
The House of the People
9. Representation in the House of the People.—On and from the appointed day, there shall be
allocated 80 seats to the successor State of Uttar Pradesh, and 5 to the successor State of Uttaranchal, in
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the House of the People, and the First Schedule to the Representation of the People Act, 1950 (43 of
1950) shall be deemed to be amended accordingly.
10. Delimitation of Parliamentary and Assembly Constituencies.—On and from the appointed
day, the Delimitation of Parliamentary and Assembly Constituencies Order, 1976, shall stand amended as
directed in the Second Schedule to this Act.
11. Provision as to sitting members.—(1) Every sitting member of the House of the People
representing a constituency which, on the appointed day by virtue of the provisions of section 10, stands
allotted, with or without alteration of boundaries, to the successor State of Uttar Pradesh or Uttaranchal,
shall be deemed to have been elected to the House of the People by that constituency as so allotted.
(2) The term of office of such sitting members shall remain unaltered.
The Legislative Assembly
12. Provisions as to Legislative Assemblies.—(1) The number of seats as on the appointed day in
the Legislative Assemblies of the States of Uttar Pradesh and Uttaranchal shall be four hundred and three
and seventy respectively.
(2) In the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), under heading
“I. States”—
(a) entries 25 and 26 shall be renumbered as entries 26 and 27 respectively;
(b) after entry 24, the following entry shall be inserted, namely:—
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“25. Uttaranchal.......................…......... 70”;
(c) in entry 26 as so renumbered, for the figures “425”, the figures “403” shall be substituted.
13. Allocation of sitting members.—(1) Every sitting member of the Legislative Assembly of the
existing State of Uttar Pradesh elected to fill a seat in that Assembly from a constituency which on the
appointed day by virtue of the provisions of section 10 stands allotted, with or without alteration of
boundaries, to the State of Uttaranchal shall, on and from that day, cease to be a member of the
Legislative Assembly of Uttar Pradesh and shall be deemed to have been elected to fill a seat in the
provisional Legislative Assembly of Uttaranchal from that constituency as so allotted.
(2) All other sitting members of the Legislative Assembly of the existing State of Uttar Pradesh shall
continue to be members of the Legislative Assembly of that State and any such sitting member
representing a constituency the extent or the name and extent of which are altered by virtue of the
provisions of section 10 shall be deemed to have been elected to the Legislative Assembly of Uttar
Pradesh by that constituency as so altered.
(3) Notwithstanding anything contained in any other law for the time being in force, the Legislative
Assemblies of Uttar Pradesh and Uttaranchal shall be deemed to be duly constituted on the appointed day.
(4) The sitting member of the Legislative Assembly of the existing State of Uttar Pradesh nominated
to that Assembly under article 333 to represent the Anglo-Indian community shall be deemed to have
been nominated to represent the said community in the Legislative Assembly of Uttar Pradesh under that
article.
14. Composition of provisional Legislative Assembly of Uttaranchal.—(1) On and from the
appointed day and until the Legislative Assembly of the successor State of Uttaranchal has been duly
constituted and summoned to meet for the first session under the provisions of the Constitution, a
provisional Legislative Assembly of the State of Uttaranchal, consisting of the twenty-two sitting
members of the Legislative Assembly and nine members of the Legislative Council of the existing State
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of Uttar Pradesh representing the Assembly constituencies or Council constituencies of the territories
transferred by virtue of the provisions of section 3 shall be constituted.
(2) The provisional Legislative Assembly of the State of Uttaranchal shall exercise all the powers and
perform all the duties conferred by the provisions of the Constitution on the Legislative Assembly of that
State.
(3) The term of office of the members of the provisional Legislative Assembly of the State of
Uttaranchal shall, unless the said Legislative Assembly is sooner dissolved, expire immediately before the
first meeting of the Legislative Assembly of the State of Uttaranchal.
15. 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 the State of Uttar Pradesh, be deemed to have
commenced on the date on which it actually commenced in the case of the Legislative Assembly of the
existing State of Uttar Pradesh.
16. Speaker and Deputy Speaker.—(1) The persons who immediately before the appointed day are
the Speaker and Deputy Speaker of the Legislative Assembly of the existing State of Uttar Pradesh shall
continue to be the Speaker and Deputy Speaker respectively of that Assembly on and from that day.
(2) As soon as may be after the appointed day, the provisional Legislative Assembly of the successor
State of Uttaranchal shall choose two members of that Assembly to be respectively Speaker and Deputy
Speaker thereof and until they are so chosen, the duties of the office of Speaker shall be performed by
such member of the Assembly as the Governor may appoint for the purpose.
17. Rules of procedure.—The rules of procedure and conduct of business of the Legislative
Assembly of Uttar Pradesh as in force immediately before the appointed day shall, until rules are made
under clause (1) of article 208, be the rules of procedure and conduct of business of the Legislative
Assembly of Uttaranchal, subject to such modifications and adaptations as may be made therein by the
Speaker thereof.
The Legislative Council of Uttar Pradesh
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[18. Legislative Council of Uttar Pradesh.—On and from the appointed day, there shall be one
hundred seats in the Legislative Council of Uttar Pradesh, and in the Third Schedule to the Representation
of the People Act, 1950 (43 of 1950), for the existing entry 8, the following entry shall be substituted,
namely:—
“8. Uttar Pradesh.......................100 36 8 8 38 10”.]
19. Amendment of the Delimitation of Council Constituencies.—On and from the appointed day,
the Delimitation of the Council Constituencies (Uttar Pradesh) Order, 1951 shall stand amended as
directed in the Third Schedule.
20. Provision as to certain sitting members.—(1) On and from the appointed day, the sitting
members of the Legislative Council of the existing State of Uttar Pradesh specified in the Fourth Schedule
to this Act shall cease to be members of that Council and shall be deemed to be the members of the
provisional Legislative Assembly.
(2) On and from the appointed day, all sitting members of the Legislative Council of the existing
State of Uttar Pradesh other than those referred to in sub-section (1) shall continue to be members of that
Council.
(3) The term of office of the members referred to in sub-section (2) shall remain unaltered.
1. Subs. by Act 7 of 2004, s. 2, for section 18 (w.e.f. 9-11-2000).
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21. Deputy Chairman.—The person who immediately before the appointed day is the Deputy
Chairman of the Legislative Council of the existing State of Uttar Pradesh shall continue to be the Deputy
Chairman, on and from that day of that Council.
Delimitation of constituencies
22. Delimitation of constituencies.—(1) For the purpose of giving effect to the provisions of
section 12, the Election Commission shall determine in the manner hereinafter provided—
(a) the number of seats to be reserved for the Scheduled Castes and the Scheduled Tribes in the
Legislative Assemblies of the States of Uttar Pradesh and Uttaranchal, respectively, having regard to
the relevant provisions of the Constitution;
(b) the assembly constituencies into which each State referred to in clause (a) shall be divided,
the extent of each of such constituencies and in which of them seats shall be reserved for the
Scheduled Castes or for the Scheduled Tribes; and
(c) the adjustments in the boundaries and description of the extent of the parliamentary
constituencies in each State referred to in clause (a) that may be necessary or expedient.
(2) In determining the matters referred to in clauses (b) and (c) of sub-section (1), the Election
Commission shall have regard to the following provisions, namely:—
(a) all the constituencies shall be single-member constituencies;
(b) all constituencies shall, as far as practicable, be geographically compact areas, and in
delimiting them, regard shall be had to physical features, existing boundaries of administrative units,
facilities of communication and conveniences to the public; and
(c) constituencies in which seats are reserved for the Scheduled Castes and the Scheduled Tribes
shall, as far as practicable, be located in areas where the proportion of their population to the total
population is the largest.
(3) The Election Commission shall, for the purpose of assisting it in the performance of its functions
under sub-section (1), associate with itself as associate members, five persons as the Central Government
may by order specify, being persons who are the members of the Legislative Assembly of the State or of
the House of the People representing the State:
Provided that none of the associate members shall have a right to vote or to sign any decision of the
Election Commission.
(4) If, owing to death or resignation, the office of an associate member falls vacant, it shall be filled
as far as practicable, in accordance with the provisions of sub-section (3).
(5) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies together with the dissenting
proposals, if any, of any associate member who desires publication thereof in the Official Gazette and
in such other manner as the Commission may consider fit, together with a notice inviting objections
and suggestions in relation to the proposals and specifying a date on or after which the proposals will
be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so
specified; and
(c) after considering all objections and suggestions which may have been received by it before the
date so specified, determine by one or more orders the delimitation of constituencies and cause such
order or orders to be published in the Official Gazette; and upon such publication, the order or orders
shall have the full force of law and shall not be called in question in any court.
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(6) As soon as may be after such publication, every such order relating to assembly constituencies
shall be laid before the Legislative Assembly of the concerned State.
23. Power of Election Commission to maintain Delimitation Orders up-to-date.—(1) The
Election Commission may, from time to time by notification in the Official Gazette,—
(a) correct any printing mistakes in any order made under section 22 or any error arising therein
from inadvertent slip or omission; and
(b) where the boundaries or name of any territorial division mentioned in any such order or orders
is or are altered, make such amendments as appear to it to be necessary or expedient for bringing such
order up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as
may be after it is issued, before the concerned Legislative Assembly.
Scheduled castes and Scheduled Tribes
24. Amendment of the Scheduled Castes Order.—On and from the appointed day, the Constitution
(Scheduled Castes) Order, 1950, shall stand amended as directed in the Fifth Schedule to this Act.
25. Amendment of the Scheduled Tribes Order.—On and from the appointed day, the Constitution
(Scheduled Tribes) Order, 1950, shall stand amended as directed in the Sixth Schedule to this Act.