Article 170 is a provision in the Constitution of India that defines the Composition of the Legislative Assemblies (Vidhan Sabhas) of the States, forming a vital part of the federal framework. It was debated as Draft Article 149 and adopted on January 8, 1949, to ensure democratic and proportional representation at the State level.
The article mandates that 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. Article 170(2) establishes the principle of equal representation by requiring that the ratio between the population of each constituency and the number of seats allotted must be, as far as practicable, the same throughout the State. This upholds the doctrine of "one person, one vote, one value".
The article connects directly to the process of delimitation, as Article 170(3) requires the total number of seats and the division of the State into constituencies to be readjusted after every census. This readjustment is typically carried out by the Delimitation Commission.
The provision has been significantly changed by constitutional amendments to promote population control measures. The 42nd Amendment Act, 1976, froze the total number of seats in the Assemblies based on the 1971 census figures. This freeze was extended until the first census after the year 2026 by the 84th Amendment Act, 2001. However, the 87th Amendment Act, 2003, permitted the readjustment of territorial constituencies within a State based on the 2001 census figures, without altering the total number of seats allocated to that State. Article 170 is also subject to Article 333, which previously allowed for the Governor to nominate a member of the Anglo-Indian community.