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Composition of strength of Legislative Assemblies

Composition of strength of Legislative Assemblies
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The Government of Telangana has requested for increasing the seats in Legislative Assembly of Telangana State from 119 to 153 as envisaged in the...

The Government of Telangana has requested for increasing the seats in Legislative Assembly of Telangana State from 119 to 153 as envisaged in the Andhra Pradesh Reorganisation Act, 2014. The Attorney General has observed that as per Article 170(3) of the Constitution, the total number of seats in the Assembly of each State shall not be readjusted till after the first Census is published post the year 2026.

Therefore, unless and until Article 170 is amended to bring up in line with Section 26 of the A.P. Reorganisation Act, 2014, the increase in the number of seats cannot be given effect, Minister of State for Home Affairs, Hansraj Gangaram Ahir, said in Lok Sabha on March 21.

Article 170 deals with the composition of the Legislative Assemblies. Article 170 (1) says that 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.

As per Article 333, the Governor of a State may, if he deems it necessary, nominate one member of that community to the Assembly. Article 170 (2) stipulates that 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.

Article 170 (3) is as follows: 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.

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