Article 429 of the Costitution of India with Case law
🇮🇳 Article 429 of the Constitution of India
Subject: Provision relating to readjustment of seats in State Legislative Assemblies when new States are formed or boundaries change
🔹 Bare Text of Article 429:
Article 429 – Readjustment after the formation of new States
Upon the formation of a new State or the alteration of boundaries of a State, the number of seats in the Legislative Assembly of the affected State(s) may be readjusted by Parliament by law.
🧩 Explanation:
Article 429 provides for readjustment of the number of seats in a State Legislative Assembly when:
A new State is created (e.g., Telangana from Andhra Pradesh in 2014), or
The boundaries of a State are changed.
This readjustment is done by Parliament, not by the Election Commission or State Government.
🏛️ Purpose of Article 429:
| Purpose | Explanation |
|---|---|
| Flexibility in representation | Allows the democratic structure to adjust to changes in state geography. |
| Legislative power of Parliament | Ensures uniformity and legality in the readjustment of assembly seats. |
🧑⚖️ Relevant Case Laws:
🔸 1. Mangal Singh v. Union of India, AIR 1967 SC 944
Facts: Petitioners challenged the constitutional validity of the Punjab Reorganisation Act, 1966, which affected state boundaries and seat distribution.
Held: The Parliament has full authority under Articles including 429 to readjust legislative seats when boundaries are changed or new states are formed.
Significance: Upheld the constitutional validity of seat readjustment laws passed under Article 429.
🔸 2. Babulal Parate v. State of Bombay, AIR 1960 SC 51
Though not directly about Article 429, the court confirmed that Parliament has exclusive power to reorganize states and legislatures, and such actions are not subject to judicial interference if constitutionally valid.
🧭 Related Constitutional Provisions:
| Article | Subject |
|---|---|
| Article 4 | Laws made under Article 2 & 3 can include provisions for representation |
| Article 81 & 170 | Composition of House of People and State Assemblies |
| Article 327–329 | Power of Parliament regarding elections |
| Delimitation Act | Mechanism for readjusting constituencies and seats |
| Article 170(2) | Limits changes in assembly seats till first census after 2026 (currently frozen) |
📌 Example in Practice:
🟢 Telangana Formation (2014)
The Andhra Pradesh Reorganisation Act, 2014 was passed by Parliament.
Under Article 429, it restructured the number of seats in the Legislative Assemblies of both Andhra Pradesh and Telangana.
✅ Conclusion:
Article 429 plays a crucial role in ensuring the democratic integrity of the States' legislatures is maintained when states are created or altered. It grants Parliament the authority to readjust Legislative Assembly seats, ensuring fair and updated representation post-reorganization.
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