What is Constitution of Legislatures in States? What is Abolition or creation of Legislative Councils in States? What is Composition of the Legislative Assemblies? Article 168, 169 and 170 of Constitution of India, 1949
Constitution of Legislatures in States, Abolition or creation of Legislative Councils in States and Composition of the Legislative Assemblies are defined under Article 168, 169 and 170 of Constitution of India 1949. Provisions under these Article are:
Article 168 of Constitution of India "Constitution of Legislatures in States"
(1) For every State there shall be a Legislature which
shall consist of the Governor, and
(a) in the States of Bihar, Madhya Pradesh, Maharashtra,
Karnataka and Uttar Pradesh, two houses:
(b) in other States, one House.
(2) Where there are two Houses of the Legislature of a
State, one shall be known as the Legislative Council and the
other as the Legislative Assembly, and where there is only
one House, it shall be known as the Legislative Assembly.
Article 169 of Constitution of India "Abolition or creation of Legislative Councils in States"
(1) Notwithstanding anything in Article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
(2) Any law referred to in clause (1) shall contain such
provisions for the amendment of this Constitution as may be
necessary to give effect to the provisions of the law and
may also contain such supplemental, incidental and
consequential provisions as Parliament may deem necessary.
(3) No such law as aforesaid shall be deemed to be an
amendment of this Constitution for the purposes of Article
368.
Article 170 of Constitution of India "Composition of the Legislative Assemblies"
1) Subject to the provisions of Article 333, the Legislative
Assembly of each State shall consist of not more than five
hundred, and not less than sixty, members chosen by direct
election from territorial constituencies in the State.
(2) For the purposes of clause (1), each State shall be
divided into territorial constituencies in such manner that
the ratio between the population of each constituency and
the number of seats allotted to it shall, so far as
practicable, be the same throughout the State.
Explanation.- In this clause, the expression "population"
means the population as ascertained at the last preceding
census of which the relevant figures have been published:
Provided that the reference in this Explanation to the last
preceding census of which the relevant figures have been
published shall, until the relevant figures for the first
census taken after the year 2000 have been published, be
construed as a reference to the 1971 census.
(3) Upon the completion of each census, the total number of
seats in the Legislative Assembly of each State and the
division of each State into territorial constituencies shall
be readjusted by such authority and in such manner as
Parliament may by law determine:
Provided that such readjustment shall not affect
representation in the Legislative Assembly until the
dissolution of the then existing Assembly: Provided further
that such readjustment shall take effect from such date as
the President may, by order, specify and until such
readjustment takes effect, any election to the Legislative
Assembly may be held on the basis of the territorial
constituencies existing before such readjustment: Provided
also that until the relevant figures for the first census
taken after the year 2000 have been published, it shall not
be necessary to readjust the total number of seats in the
Legislative Assembly of each State and the division of such
State into territorial constituencies under this clause.