- Provided that such readjustment shall not affect representation in the Legislative Assembly until the dissolution of the then existing Assembly:
- [1][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 [2][2026] have been published, it shall not be necessary to [3][readjust—
- (i) the total number of seats in the Legislative Assembly of each State as readjusted on the basis of the 1971 census; and
- (ii) the division of such State into territorial constituencies as may be readjusted on the basis of the [2][2001] census,
- under this clause.]
171. Composition of the Legislative Councils.—(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed [4][one third] of the total number of members in the Legislative Assembly of that State:
- Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.
- (2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).
- (3) Of the total number of members of the Legislative Council of a State—
- (a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;
- (b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;
- (c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;
- (d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;
- (e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).
- (4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.
- ↑ Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29 (w.e.f. 3-1-1977).
- ↑ 2.0 2.1 Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for “1991”. The figures “1991” were substituted for the original figures “1971” by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5 (w.e.f. 21-2-2002).
- ↑ Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain words (w.e.f. 21-2-2002)
- ↑ Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for “one-fourth” (w.e.f. 1-11-1956).
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