Composition of the Council of States
Article 80 — Composition of the Council of States
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 and of the Union territories. (2) The allocation of seats in the Council of States to be filled by representatives of the States 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 1*** in the Council of States shall be elected by the elected members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote. (5) The representatives of the Union territories in the Council of States shall be chosen in such manner as Parliament may by law prescribe. 81. Composition of the House of the People.—(1) 4[Subject to the provisions of article 331 5***], the House of the People shall consist of—
- (a) not more than five hundred and thirty members chosen by direct election from territorial constituencies in the States; and
- (b) not more than 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 the population 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 between the population of each constituency and the number of seats allotted to it is, so far as practicable, the same throughout the State: Provided that the provisions of sub-clause (a) of this clause shall not be applicable for the purpose of allotment 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 census of which the relevant figures have been published:
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 first census taken after the year 2026 have been published, 3[be construed,—
- (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 2001 census.]]
Plain English Summary
This article describes how the Council of States (the upper house of Parliament) is made up, which includes nominated members and representatives from states and union territories. It also explains how the House of the People (the lower house of Parliament) is elected based on population distribution across different states.
Key Points
- The Council of States has twelve members nominated by the President and a maximum of 238 representatives from states and union territories.
- Representatives for each state in the Council of States are elected by the elected members of that state's Legislative Assembly using proportional representation.
- Seats in the House of the People are allocated to states based on population, aiming for a similar ratio across all states.
- The allocation of seats for the House of the People is not strictly applied if a state's population is less than six million.
Why It Matters
This article establishes the structure and composition of both houses of the Indian Parliament, ensuring representation for both the states and the Union territories based on their population and political structure.
Landmark Judgements
No major landmark judgements.