Article 80 of the Constitution of India

1[2*** The Council of States] shall consist of— (a) twelve members to be nominated by the President in accordance with the provisions of clause (3); and (b) not more than two hundred and thirty-eight representatives of the States 3[and of the Union territories.] (2) The allocation of seats in the Council of States to be filled by representatives of the States 3[and of the Union territories] shall be in accordance with the provisions in that behalf contained in the Fourth Schedule. (3) The members to be nominated by the President under sub-clause ( a) of clause (1) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:- Literature, science, art and social service. (4) The representatives of each State 4*** in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with thesystem of proportional representation by means of the single transferable vote. (5) The representatives of the 5[Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe.Constitution of Parliament. Composition of the Council of States. 1Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974, s. 3, for “The Council of States” (w.e.f. 1-3-1975). 2The words “subject to the provisions of paragraph 4 of the Tenth Schedule” omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 3Added by the Constitution (Seventh Amendment) Act, 1956, s. 3. 4The words and letters “specified in Part A or Part B of the First Schedule” omitted by s. 3, ibid. 5Subs. by s. 3, ibid., for “States specified in Part C of the First Schedule”.THE CONSTITUTION OF INDIA (Part V . —The Union. —Arts. 78—80.)38 1[81. (1) 2[Subject to the provisions of article 331 3***], the House of the People shall consist of— (a) not more than 4[five hundred and thirty members] chosen by direct election from territorial constituencies in the States, and (b) not more than 5[twenty members] to represent the Union territories, chosen in such manner as Parliament may by law provide. (2) For the purposes of sub-clause ( a) of clause (1),— (a) there shall be allotted to each State a number of seats in the House of the People in such manner that the ratio between that number and thepopulation of the State is, so far as practicable, the same for all States; and (b) each State shall be divided into territorial constituencies in such manner that the ratio betweenthe population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State: 6[Provided that the provisions of sub-clause ( a) of this clause shall not be applicable for the purpose ofallotment of seats in the House of the People to any State so long as the population of that State does not exceed six millions.] (3) In this article, the expression “population” means the population as ascertained at the last preceding censusof which the relevant figures have been published: 7[Provided that the reference in this clause to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the firstcensus taken after the year 8[2026] have been published, 9[be construed,—Composition of the House of thePeople. 1Subs. by the Constitution (Seventh Amendment) Act, 1956 , s. 4, for arts. 81 and 82. 2Subs. by the Constitution (Thirty-fifth Amendment) Act, 1974 s. 4, for “Subject to the provisions of article 331” (w.e.f. 1-3-1975). 3The words and figure “and paragraph 4 of the Tenth Schedule” omitted by the Constitution (Thirty-sixth Amendment) Act, 1975, s. 5 (w.e.f. 26-4-1975). 4Subs. by the Goa, Daman and Diu Reorganisation Act, 1987 (18 of 1987), s. 63, for “five hundred and twenty-five members” (w.e.f. 30-5-1987). 5Subs. by the Constitution (Thirty-first Amendment) Act, 1973, s. 2, for “twenty-five members”. 6Ins. by s. 2, ibid. 7Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 15 (w.e.f. 3-1-1977). 8Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 3, for “2000”. 9Subs. by s. 3, ibid., for certain words.THE CONSTITUTION OF INDIA (Part V. —The Union. —Art. 81.)39 (i) for the purposes of sub-clause ( a) of clause (2) and the proviso to that clause, as a reference to the 1971 census; and (ii) for the purposes of sub-clause ( b) of clause (2) as a reference to the 1[2001] census.]]