Article 169 of the Constitution of India

Legislative Council of a State having such a Council or for the creation of such a Council in a State having nosuch Council, if the Legislative Assembly of the Statepasses a resolution to that effect by a majority of the totalmembership of the Assembly and by a majority of notless than two-thirds of the members of the Assembly present and voting. (2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitutionas may be necessary to give effect to the provisions ofthe law and may also contain such supplemental,incidental and consequential provisions as Parliament may deem necessary. (3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes ofarticle 368. 1[170. (1) Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of notmore than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State. (2) For the purposes of clause (1), each State shall be divided into territorial constituencies in such mannerthat the ratio between the population of each constituencyand the number of seats allotted to it shall, so far aspracticable, be the same throughout the State. 2[Explanation. —In this clause, the expression “population” means the population as ascertained at thelast preceding census of which the relevant figures have been published:Abolition or creation ofLegislativeCouncils inStates. 1Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9, for art. 170. 2Subs. by the Constitution (Forty-second Amendment) Act, 1976 , s. 29, for the Explanation (w.e.f. 3-1-1977).Composition of the LegislativeAssemblies.THE CONSTITUTION OF INDIA (Part VI. —The States. —Arts. 168—170.)82 Provided that the reference in this Explanation to the last preceding census of which the relevant figures have been published shall, until the relevant figures for the first census taken after the year 1[2026] have been published, be construed as a reference to the 2[2001] census.] (3) 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:] 3[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 1[2026] have been published, it shall not be necessary to 4[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.]