Articles 168 to 170 are part of Part VI, Chapter III of the Constitution of India. They establish the basic structure of State Legislatures, prescribe the constitutional procedure for creating or abolishing a Legislative Council, and regulate the composition and territorial constituencies of State Legislative Assemblies.
Meaning: Article 168 determines whether a State Legislature is unicameral or bicameral. Every State Legislature includes the Governor. A bicameral State has a Legislative Council and a Legislative Assembly; a unicameral State has only a Legislative Assembly.
Article 168(1): For every State there shall be a Legislature consisting of the Governor and, in Andhra Pradesh, Bihar, Maharashtra, Karnataka, Telangana and Uttar Pradesh, two Houses; in the other States, one House.
Article 168(2): Where there are two Houses, they are known as the Legislative Council and the Legislative Assembly. Where there is only one House, it is known as the Legislative Assembly.
Meaning: Article 169 provides a special constitutional mechanism by which Parliament may create a Legislative Council in a State that has none, or abolish an existing Legislative Council.
Clause (1): Parliament may enact a law for creation or abolition of a State Legislative Council only after the State Legislative Assembly passes a resolution by (i) a majority of the total membership of the Assembly and (ii) a majority of not less than two-thirds of the members present and voting.
Clause (2): Such a Parliamentary law may make the constitutional, supplemental, incidental and consequential provisions needed to give effect to the change.
Clause (3): A law made under Article 169 is not treated as a constitutional amendment for the purposes of Article 368.
The Assembly resolution therefore initiates the constitutional process, but the creation or abolition itself requires a law made by Parliament.
Meaning: Article 170 lays down the general constitutional framework for the size of State Legislative Assemblies, direct election from territorial constituencies, equality of representation within a State so far as practicable, and readjustment following a census.
Clause (1): Subject to Article 333, the Legislative Assembly of each State is generally to consist of not more than 500 and not less than 60 members chosen by direct election from territorial constituencies.
Clause (2): Each State is divided into territorial constituencies so that, as far as practicable, the ratio between the population of each constituency and the number of seats allotted to it is the same throughout the State.
Clause (3): After completion of each census, the total number of Assembly seats and the division of the State into territorial constituencies are to be readjusted by the authority and in the manner determined by Parliament, subject to the constitutional provisos governing when such readjustment takes effect.
The Constitution (Eighty-fourth Amendment) Act, 2001 and the Constitution (Eighty-seventh Amendment) Act, 2003 altered the delimitation framework. The Election Commission explains that the existing total number of State Assembly seats remains frozen until the first census taken after 2026, while the delimitation carried out under the 2002 framework used the 2001 Census for territorial readjustment.
This distinction is important: Article 170 contains the constitutional rule, while Parliament's delimitation legislation and the constitutional amendments determine how and when readjustment is implemented.
For authoritative and current text, consult the Government of India's Legislative Department and the Election Commission of India. These official sources should be checked whenever an amendment, census or delimitation exercise may affect the operation of these provisions.
Last reviewed: 19 September 2026. This page is an informational guide. In case of any difference, the official constitutional text and applicable legislation prevail.