Article 170 of the Costitution of India with Case law
Here is a comprehensive explanation of Article 170 of the Constitution of India, along with relevant case law:
📜 Article 170 – Constitution of India
"Composition of the Legislative Assemblies"
âś… Text of Article 170 (Summarized):
Clause (1):
The Legislative Assembly of each State shall consist of not more than 500 and not less than 60 members, chosen by direct election from territorial constituencies in the State.
Exceptions: States like Sikkim, Goa, Mizoram, Arunachal Pradesh, etc., can have less than 60 members.
Clause (2):
The division of each State into territorial constituencies shall be done such that the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the State, as far as practicable.
Clause (3):
The population is to be based on the last published Census, for the purpose of readjustment.
Clause (4):
Until the relevant figures of the first Census after 2026 are published, no readjustment of constituencies or total seats in the Assembly shall be done.
🧾 Key Features of Article 170:
| Feature | Description |
|---|---|
| Applies to | Legislative Assemblies of States (not Union Territories) |
| Members Range | 60 to 500 (with exceptions for smaller States) |
| Mode of Election | Direct election based on adult suffrage |
| Constituency Delimitation | Done to ensure equal representation based on population |
| Freeze on Readjustment | Delimitation and seat readjustment frozen until 2026 |
⚖️ Important Case Laws on Article 170:
1. Kuldip Nayar v. Union of India
Citation: (2006) 7 SCC 1
Though related to Rajya Sabha elections, the Court made important observations on federal structure and representation.
Relevance to Article 170: It reinforced the importance of fair and proportionate representation, a core objective behind Article 170.
2. Indira Gandhi v. Raj Narain
Citation: 1975 AIR 2299
Context: Challenge to Indira Gandhi’s election based on alleged misuse of government machinery.
Relevance: Though Article 170 wasn’t directly under scrutiny, this case strengthened the idea of free and fair elections, which is essential for the direct election provision under Article 170.
3. Election Commission v. State of Haryana
Citation: (1983) 2 SCC 233
Facts: Related to the powers of State Legislatures vs. Election Commission.
Relevance: The Court emphasized that the constitutional provisions for electoral representation, including Article 170, must be read harmoniously with Election Commission’s authority under Article 324.
4. Delimitation Commission Cases (Various)
In multiple challenges to Delimitation Acts, Courts upheld that the delimitation of constituencies under Article 170 is a non-justiciable political function, once enacted through law by Parliament.
đź“š Related Laws & Facts:
Delimitation Acts: Passed by Parliament to give effect to Article 170.
42nd Amendment (1976): Froze delimitation until 2000.
84th Amendment (2001): Extended freeze till 2026, to encourage population control.
Representation of the People Act, 1950 & 1951: Provides further details on elections and qualifications.
🧠Summary Table:
| Element | Description |
|---|---|
| What it governs | Composition of State Legislative Assemblies |
| Min-Max strength | Not less than 60 and not more than 500 members |
| Type of election | Direct elections from territorial constituencies |
| Delimitation basis | Population ratio (as per latest Census) |
| Current freeze | No readjustment until post-2026 Census (as per 84th Amendment) |
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