Article 170 :Text, Legislative Assembly & Election Process
Article 170 of the Indian Constitution pertains to the composition of the Legislative Assemblies in the states of India. It provides a framework for the delimitation of constituencies and the determination of the number of seats in the Legislative Assemblies based on population. This article plays a crucial role in maintaining a balanced representation of people in the legislative process, ensuring that the voices of all citizens are heard in the governance of their states.
Definition and Purpose
Article 170 defines the structure and composition of the Legislative Assemblies in Indian states. It stipulates the maximum and minimum number of members in the Legislative Assembly of each state, which is determined by the population size. The primary purpose of Article 170 is to ensure equitable representation for the people in the legislative process, allowing for fair and proportionate representation from different regions within a state. This is achieved through periodic delimitation exercises, which redraw the boundaries of electoral constituencies to reflect population changes.
Text of Article 170
Verbatim Text
The verbatim textual content of Article one hundred seventy from the Constitution of India is as follows:
Article one hundred seventy: Composition of the Legislative Assemblies
- Subject to the provisions of Article 333, the Legislative Assembly of every State shall include now no longer greater than 5 hundred. and now no longer fewer than sixty participants selected with the aid of using direct election. from territorial constituencies withinside the State.
- For the functions of clause (1), every State will be divided into territorial constituencies in such way that. the ratio among the populace of every constituency and the quantity of seats allocated to it is. thus far as practicable, the identical for the duration of the State.
Upon the crowning glory of every census, the allocation of seats withinside the Legislative Assembly of every State and the department of every. State into territorial constituencies will be readjusted with the aid of using. such authority and in such way as Parliament may also with the aid of using regulation determine:
- Provided that such readjustment shall now no longer have an effect on the illustration withinside. the Legislative Assembly of any State till the dissolution of the then current Assembly.
- Until the applicable figures for the primary census taken after the yr 2026. had been published, it shall now no longer be vital to readjust the full quantity of seats.
Key Phrases and Terms
Direct election: Members are selected with the aid of using direct vote from the residents in the territorial constituencies.
- Territorial constituencies: Divisions in the country from which participants are elected.
- Census: The respectable populace rely which impacts the allocation of seats and constituencies.
- Readjustment: The procedure of redefining constituency limitations and seat allocations primarily based totally at the trendy census data.
Legislative Assembly Composition
Legislative Assembly Composition
Maximum and Minimum Strength
- Maximum Strength: The Legislative Assembly could have as much as 500 members.
- Minimum Strength: The Legislative Assembly have to have as a minimum 60 members.
- These limits make sure that the meeting is massive sufficient to symbolize various constituencies however now no longer so massive that it will become unwieldy.
Delimitation of Constituencies
The delimitation procedure entails dividing every nation into territorial constituencies primarily based totally on populace to make sure truthful illustration:
- Objective: To hold a uniform ratio among the populace of every constituency and the wide variety of seats allotted.
- Authority: The procedure is overseen with the aid of using a delegated authority as decided with the aid of using Parliament. This is generally treated with the aid of using the Delimitation Commission, an unbiased frame hooked up with the aid of using the Government of India.
- Periodic Adjustment: Following every census, the constituencies and seat allocations are reviewed and changed to mirror populace changes, making sure that illustration stays equitable over time.
Reservation of Seats
Article a hundred and seventy additionally not directly addresses the want for illustration of marginalized groups thru the reservation of seats:
- Scheduled Castes and Scheduled Tribes: Certain seats are reserved for applicants from Scheduled Castes (SC) and Scheduled Tribes (ST) to make sure their ok illustration withinside the Legislative Assembly.
- Provisions and Amendments: Specific provisions for reservation are specified in Articles 330 and 332 of the Constitution. These articles paintings together with Article a hundred and seventy to offer a framework for inclusive illustration.
- Reserved Constituencies: The Delimitation Commission is accountable for figuring out and demarcating constituencies in which seats are reserved for SCs and STs primarily based totally on their populace withinside the nation.
Principles of Delimitation
Population as a Basis
The delimitation of constituencies is basically primarily based totally on populace to make certain identical representation:
- Equitable Representation: Each constituency have to have a kind of identical populace, making sure that every member of the Legislative Assembly represents a comparable wide variety of constituents.
- Population Ratio: The ratio of populace to seats have to be as steady as feasible throughout all constituencies inside a country, keeping equity in representation.
- Census Data: Population figures from the ultra-modern census are used to tell the delimitation procedure, making sure that constituency obstacles replicate present day demographic realities.
Role of Delimitation Commission
The Delimitation Commission performs a important position withinside the procedure of delimiting constituencies:
- Independent Authority: The Delimitation Commission is an unbiased frame constituted with the aid of using the Government of India, tasked with drawing and redrawing the limits of constituencies.
- Mandate and Powers: The Commission has the authority to decide the wide variety and obstacles of constituencies, making sure adherence to the concepts of equitable representation.
- Consultative Process: The Commission generally consults with political parties, country governments, and the general public to accumulate enter and deal with worries earlier than finalizing the delimitation orders.
- Legal Framework: The Commission operates beneathneath the Delimitation Act, which offers the felony foundation for its functioning and guarantees that its choices are binding and can’t be challenged in court.
Impact of Census Data
Census statistics substantially affects the delimitation procedure:
- Updated Demographics: The census offers complete statistics on populace size, density, and distribution, that is important for as it should be delimiting constituencies.
- Periodic Adjustments: After every census, the delimitation procedure is undertaken to modify constituency obstacles and seat allocations to mirror modifications in populace. This allows in keeping the precept of “one person, one vote.”
Election Process under Article 170
Conduct of Elections
The technique of carrying out elections for the Legislative Assemblies below Article one hundred seventy entails numerous key steps to make certain free, fair, and obvious elections:
- Notification and Schedule: The Election Commission of India (ECI) problems a notification specifying the dates and agenda for the election technique, together with nominations.
- Nomination of Candidates: Individuals who desire to contest the elections have to report their nominations withinside the stipulated period. Their eligibility is scrutinized through returning officials to make certain they meet the vital criteria.
- Electoral Roll Preparation: An up to date and correct electoral roll is prepared, list all eligible electorate in every constituency. The electoral roll is revised periodically to encompass new electorate and take away ineligible ones.
Role of Election Commission
The Election Commission of India performs a crucial position in overseeing and dealing with the election technique:
- Independent Body: The ECI is an self sufficient constitutional authority accountable for administering election procedures in India at each country wide and nation levels.
- Conduct and Supervision: The ECI supervises the complete election technique, from the practise of electoral rolls to the assertion of results.
- Enforcement of Code of Conduct: The ECI enforces the Model Code of Conduct, which units suggestions for political events and applicants concerning election campaigns and behavior at some point of elections.
Electoral Reforms
Over the years, numerous electoral reforms were added to bolster the election technique and deal with diverse challenges:
- Introduction of EVMs: Electronic Voting Machines were added to make certain quicker and greater correct counting of votes, decreasing the possibilities of human mistakess and electoral fraud.
- Voter Education and Awareness: Efforts were made to teach electorate approximately their rights and the significance of taking part withinside the electoral technique. Various consciousness campaigns are performed to inspire voter turnout.
Amendments and Changes
Notable Amendments
Over the years, numerous tremendous amendments were made to Article a hundred and seventy to cope with evolving demographic and political needs:
- forty second Amendment Act, 1976: This modification had a full-size effect at the illustration withinside the Legislative Assemblies. It iced up the allocation of seats withinside the Lok Sabha and State Legislative Assemblies till the 12 months 2000, primarily based totally at the 1971 census.
Impact of Amendments on Legislative Assemblies
The amendments to Article a hundred and seventy have had diverse affects at the composition and functioning of the Legislative Assemblies:
- Stability in Representation: By freezing the allocation of seats, those amendments furnished balance in illustration, permitting states to cognizance on imposing own circle of relatives making plans measures with out stressful approximately dropping political electricity.
- Balanced Representation: The amendments ensured a extra balanced illustration throughout states, stopping any full-size shifts in political electricity that might rise up from demographic changes.
- Enhanced Governance: The 91st Amendment, via way of means of restricting the scale of the Council of Ministers, aimed to lessen needless political appointments and enhance governance efficiency, making sure that most effective crucial and succesful ministers had been a part of the govt branch.
Future Prospects for Amendments
As India maintains to evolve, there can be similarly amendments to Article a hundred and seventy to cope with new demanding situations and opportunities:
- Post-2026 Census Adjustments: With the crowning glory of the primary census after 2026, there can be a want to revisit and readjust the allocation of seats and delimitation of constituencies to mirror the cutting-edge demographic statistics accurately.
- Increased Representation for Growing Populations: Areas with full-size populace boom might also additionally require extra seats to make certain ok illustration, that could necessitate amendments to alter the most and minimal energy of Legislative Assemblies.
Judicial Interpretation
Landmark Supreme Court Cases
- Background: The case challenged the constitutionality of amendments to the Representation of the People Act, 1951, which eliminated the home requirement for Rajya Sabha individuals and delivered open voting.
- Ruling: The Supreme Court upheld the amendments, emphasizing the Parliament`s authority to make legal guidelines governing elections and the want to keep the integrity of the electoral process.
- Impact: Although now no longer without delay on Article a hundred and seventy, this situation highlighted the Court’s stance on electoral legal guidelines and the stability among legislative authority and judicial oversight.
PUCL v. Union of India (2013)
- Background: Public Interest Litigation sought the implementation of the “None of the Above” (NOTA) alternative in Electronic Voting Machines (EVMs).
- Ruling: The Supreme Court directed the Election Commission to encompass the NOTA alternative, permitting citizens to reject all applicants if none have been discovered suitable.
- Impact: This ruling superior voter preference and empowerment, not directly influencing electoral techniques below Article a hundred and seventy through selling purifier and extra responsible elections.
High Court Decisions
State of Andhra Pradesh v. P. Somasundaram (2009)
- Background: The case concerned a task to the delimitation orders issued through the Delimitation Commission, claiming unfair and arbitrary department of constituencies.
- Ruling: The High Court upheld the delimitation orders, putting forward the Commission’s authority and adherence to constitutional concepts in redrawing boundaries.
- Impact: This choice strengthened the prison and procedural robustness of the delimitation process, critical for preserving equitable illustration below Article a hundred and seventy.
Dinesh Trivedi v. Union of India (2014)
- Background: The case challenged the reservation of seats for Scheduled Castes and Scheduled Tribes in sure constituencies as according to the Delimitation Commission’s recommendations.
- Ruling: The High Court upheld the reservations, emphasizing the constitutional mandate to offer ok illustration to marginalized communities.
Challenges and Issues
Political Manipulation in Delimitation
Gerrymandering
- Definition: Gerrymandering refers back to the manipulation of constituency obstacles to want a selected political birthday birthday celebration or group.
- Impact: This can cause skewed illustration, wherein sure events benefit disproportionate affect withinside the Legislative Assembly regardless of now no longer having majority public support.
Examples: Historical and cutting-edge examples in numerous states have proven how ruling events once in a while try to redraw obstacles to consolidate their vote banks.
Bias in Delimitation Process
- Perceived Bias: Allegations of bias withinside the delimitation system can erode public accept as true with in electoral fairness.
- Influence of Political Pressure: Delimitation Commissions, despite the fact that independent, may also face oblique political pressure, impacting their selections.
Representation Imbalances
Population Discrepancies
- Unequal Representation: Variations in populace boom charges throughout constituencies can cause imbalances wherein a few constituencies are overrepresented and others underrepresented.
- Urban vs. Rural: Rapid urbanization has precipitated sizeable populace shifts, frequently main to under representation of city regions in evaluation to rural regions.
Reservation Issues
- Adequacy of Reserved Seats: Ensuring ok illustration for Scheduled Castes (SCs), Scheduled Tribes (STs), and different marginalized agencies stays a challenge, with debates at the adequacy and effectiveness of cutting-edge reservation policies.
- Changing Demographics: Shifts withinside the demographics of SC and ST populations may also require periodic reassessment of reserved constituencies to preserve honest illustration.
Legal and Administrative Challenges
Disputes
- Litigation: Frequent prison demanding situations to delimitation orders can postpone the implementation of recent obstacles, affecting election timelines and planning.
- Judicial Review: The scope and quantity of judicial evaluation of delimitation selections may be contentious, with courts balancing the want for prison oversight and the autonomy of the Delimitation Commission.
Comparative Analysis
Comparison with Other Countries
United States
- Delimitation Process: In the U.S., the system of redistricting, comparable to delimitation, takes place each ten years following the Census. State legislatures frequently take care of redistricting, despite the fact that a few states use impartial commissions to lessen political bias.
- Key Features: Redistricting ought to adhere to the precept of “one person, one vote,” and ought to follow the Voting Rights Act to make certain honest illustration for racial and ethnic minorities.
- Challenges: Gerrymandering is a vast issue, wherein districts are manipulated to prefer unique political events or groups, main to debates at the equity of redistricting practices.
United Kingdom
- Delimitation Process: The UK makes use of a device of constituency boundary critiques performed with the aid of using impartial Boundary Commissions. These critiques arise about each five to ten years.
- Key Features: The system objectives to make certain that every constituency has a more or less same range of voters, selling balanced illustration withinside the House of Commons.
- Challenges: While impartial, the system faces criticisms over the timing of critiques and the effect of political concerns on boundary adjustments.
Canada
- Delimitation Process: Canada employs an impartial Boundary Commission to study electoral boundaries, which operates on a hard and fast schedule, commonly each ten years following the country wide census.
- Key Features: The Commission`s hints are legally binding, and the system is designed to make certain that adjustments replicate demographic shifts whilst minimizing political influence.
- Challenges: The primary troubles consist of making sure that the system appropriately displays converting populace dynamics and addressing worries approximately nearby illustration.
Australia
- Delimitation Process: In Australia, the Australian Electoral Commission (AEC) conducts periodic boundary redistributions primarily based totally on populace adjustments and to preserve equitable illustration.
- Key Features: Redistribution is primarily based totally on making sure that every electoral department has a comparable range of voters, and the system consists of public consultations.
- Challenges: Balancing city and rural illustration and coping with public belief of equity and transparency are ongoing challenges.
Freqently Asked Questions (FAQs)
Q1: What is Article 170 of the Indian Constitution?
Ans. Article 170 of the Indian Constitution deals with the composition of the Legislative Assemblies of States and Union Territories. It outlines the maximum and minimum number of members each Assembly can have, based on the latest census data.
Q2: What does Article 170 specify about the composition of State Legislative Assemblies?
Ans.Article 170 specifies that the Legislative Assemblies of States should consist of not more than 500 and not fewer than 60 members. The exact number of members is determined by the Delimitation Commission based on population data.
Q3: How often is the delimitation of constituencies reviewed under Article 170?
Ans.Delimitation is reviewed periodically, typically after each census. In India, the process has been frozen until 2026 due to the 42nd Amendment Act, 1976, with adjustments based on the 1971 census until then.
Q4: What is the role of the Delimitation Commission?
Ans. The Delimitation Commission is responsible for redrawing the boundaries of constituencies to ensure fair and equitable representation based on the latest census data and demographic changes.
Q5: What are some key challenges associated with Article 170?
Ans.Challenges include political manipulation (e.g., gerrymandering), representation imbalances due to population discrepancies, and legal and administrative hurdles in the delimitation process.