Fourth Schedule of the Constitution of India - Allocation of Seats in the Council of States
The Fourth Schedule to the Constitution of India deals with the allocation of seats in the Council of States, commonly known as the Rajya Sabha, among the States and those Union territories that are represented in the House.
Relevant provisions: Articles 4(1) and 80(2) of the Constitution of India.
In brief: The Fourth Schedule specifies the number of elected Rajya Sabha seats allotted to the States and represented Union territories. The current Schedule allocates a total of 233 seats.
What is the Fourth Schedule of the Constitution?
The Fourth Schedule is the constitutional table governing the allocation of seats in the Council of States to the States and Union territories. It is expressly referred to in Article 80(2) of the Constitution.
The Schedule provides that each State or Union territory mentioned in the table is allotted the number of seats specified opposite its name. The allocation has been amended from time to time following the creation, reorganisation or renaming of States and Union territories.
Article 80 and composition of the Rajya Sabha
Article 80 deals with the composition of the Council of States. Under Article 80(1), the Council of States consists of twelve members nominated by the President and not more than 238 representatives of the States and Union territories.
Article 80(2) provides that the allocation of seats to be filled by representatives of the States and Union territories is to be made in accordance with the Fourth Schedule.
Under Article 80(3), the twelve nominated members are persons having special knowledge or practical experience in literature, science, art and social service.
Article 80(4) provides that representatives of a State in the Council of States are elected by the elected members of the State Legislative Assembly in accordance with the system of proportional representation by means of the single transferable vote.
Article 4(1) and changes to the Fourth Schedule
Article 4(1) is relevant when Parliament makes a law under Article 2 or Article 3 concerning the admission or establishment of new States or the formation, alteration of areas, boundaries or names of existing States.
Such a law may contain provisions necessary to amend the First Schedule and the Fourth Schedule to give effect to the territorial or representational changes resulting from the reorganisation.
Fourth Schedule - Allocation of Rajya Sabha Seats
The following table reflects the allocation contained in the Fourth Schedule of the Constitution:
| Entry | State or Union Territory | Seats |
|---|---|---|
| 1 | Andhra Pradesh | 11 |
| 2 | Telangana | 7 |
| 3 | Assam | 7 |
| 4 | Bihar | 16 |
| 5 | Jharkhand | 6 |
| 6 | Goa | 1 |
| 7 | Gujarat | 11 |
| 8 | Haryana | 5 |
| 9 | Kerala | 9 |
| 10 | Madhya Pradesh | 11 |
| 11 | Chhattisgarh | 5 |
| 12 | Tamil Nadu | 18 |
| 13 | Maharashtra | 19 |
| 14 | Karnataka | 12 |
| 15 | Odisha | 10 |
| 16 | Punjab | 7 |
| 17 | Rajasthan | 10 |
| 18 | Uttar Pradesh | 31 |
| 19 | Uttarakhand | 3 |
| 20 | West Bengal | 16 |
| 21 | Nagaland | 1 |
| 22 | Himachal Pradesh | 3 |
| 23 | Manipur | 1 |
| 24 | Tripura | 1 |
| 25 | Meghalaya | 1 |
| 26 | Sikkim | 1 |
| 27 | Mizoram | 1 |
| 28 | Arunachal Pradesh | 1 |
| 29 | Delhi | 3 |
| 30 | Puducherry | 1 |
| 31 | Jammu and Kashmir | 4 |
| Total | 233 | |
Important changes reflected in the current Fourth Schedule
Andhra Pradesh and Telangana
Following the Andhra Pradesh Reorganisation Act, 2014, the earlier allocation of 18 seats to Andhra Pradesh was changed. Andhra Pradesh is now allotted 11 seats and Telangana is allotted 7 seats.
Uttarakhand
Uttarakhand is allotted 3 seats in the Council of States. The State was originally created as Uttaranchal under the Uttar Pradesh Reorganisation Act, 2000 and was subsequently renamed Uttarakhand.
Jammu and Kashmir
The Jammu and Kashmir Reorganisation Act, 2019 amended the Fourth Schedule following the reorganisation of the former State. The Union territory of Jammu and Kashmir is allotted 4 seats in the Council of States.
Total seats under the Fourth Schedule
The Fourth Schedule presently allocates 233 elected seats among the States and represented Union territories. These seats are distinct from the twelve members who may be nominated by the President under Article 80(1)(a) and Article 80(3).
How are State representatives elected to the Rajya Sabha?
The representatives of each State are elected by the elected members of its Legislative Assembly. Article 80(4) requires the election to take place through proportional representation by means of the single transferable vote.
The Fourth Schedule therefore determines the number of seats allotted to the relevant State or Union territory, while Article 80 and applicable election laws govern the constitutional framework for filling those seats.
Official legal sources
For the authoritative constitutional text and subsequent statutory amendments, readers should verify the latest official publications of the Legislative Department and India Code.
Constitution of India - Legislative Department, Ministry of Law and Justice