सं Samvidhan

The Constitution of India

Article 170

Composition of the Legislative Assemblies

Why this exists

The framers wanted State assemblies to reflect population fairly, using periodic census data to keep constituencies roughly equal in size. But from the 1970s, there was concern that states pursuing family planning successfully would lose political weight if seats were reallocated strictly on population growth, while high-population states would gain more seats and rewarded for lax population control. This led to a freeze: seat numbers were locked to the 1971 census (via the 42nd and later 84th/87th Amendments), while boundaries could still be updated internally using more recent census data (2001), preserving fairness within existing seat allocations without punishing family-planning-successful states. The freeze has since been extended to after the first census following 2026.

How courts read it

There is no major Supreme Court ruling striking down or reinterpreting Article 170 itself; most litigation on delimitation focuses on the Delimitation Commission's actions and related laws (like the Delimitation Act) rather than this Article directly. Courts have generally deferred to Parliament's authority to determine the 'manner' of readjustment under clause (3), treating this as largely a political and administrative matter for Parliament and the Election Commission/Delimitation Commission to execute, not something for the judiciary to second-guess in detail.

Common misconceptions
  • Myth: State assembly seats automatically increase whenever a state's population grows.
    Fact: Since 1976, total seats have been frozen based on the 1971 census, and this freeze is extended until after the first census taken after 2026.
  • Myth: Constituency boundaries never change under this freeze.
    Fact: While total seat numbers are frozen, boundaries of constituencies can still be redrawn (using 2001 census data) to balance population within the existing seats.
  • Myth: Article 170 lets Parliament change the maximum/minimum seat limits (60–500) whenever it wants.
    Fact: The 60–500 range is fixed in the Constitution itself; Parliament's role under clause (3) is only about redistributing seats and boundaries within State legislatures, not altering these constitutional limits.
Article 170 — Composition of the Legislative Assemblies · Samvidhan