[3. Allocation of seats in the House of the People.—The allocation of seats to the States in the
House of the People and the number of seats, if any, to be reserved for the Scheduled Castes and for
the Scheduled Tribes of each State shall be as shown in the First Schedule.
3A. Reservation of Seats in the House of People for Scheduled Castes and Scheduled Tribes
in certain Part C States.—[Rep. by the Representation of the People Amendment) Act, 1958
(58 of 1958), s. 3 (w.e.f. 30-12-1958).]]
4. Filling of seats in the House of the People and parliamentary constituencies. —2***
3
[
(2) All the seats in the House of the People allotted to the States under section 3 shall be seats to
be filled by persons chosen by direct election from parliamentary constituencies in the States.]
(3) Every parliamentary constituency referred to in sub-section
(2) shall be a single-member
constituency.
(4) Every State to which only one seat is allotted under section 3 shall form one parliamentary
constituency.
4
[
(5) Save as provided in sub-section
(4), the extent of all parliamentary constituencies except the
parliamentary constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and
Nagaland shall be as determined by the orders of the Delimitation Commission made under the
provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of the parliamentary
constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be
as provided for in the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having
regard to the provisions of sections 10A and 10B of the Delimitation Act, 2002.]]
5. [Parliamentary constituencies.] Omitted by the Representation of the People (Amendment) Act,
1956 (2 of 1956), s. 4.
6. [Delimitation of parliamentary constituencies.] Omitted by the Adaptation of Laws (No. 2)
Order, 1956.
The State Legislative Assemblies
5
[7. Total number of seats in Legislative Assemblies and Assembly
Constituencies.—
(1) 6[Subject to the provisions of 7[sub-sections (1A), (1B) and (1C)], the total
number of seats] in the Legislative Assembly of each State specified in the Second Schedule, to be
filled by persons chosen by direct election from Assembly Constituencies, and the number of seats, if
any, to be reserved for the Scheduled Castes and for the Scheduled Tribes of the State, shall be as
shown in that Schedule:
Provided that for the period referred to in clause
(2) of article 371A, the total number of seats
allotted to the Legislative Assembly of the State of Nagaland shall be 8[fifty-two], of which—
(a) 9[twelve seats] shall be allocated to the Tuensang district and shall be filled by persons
chosen by the members of the regional council, referred to in that article, from amongst
1. Subs. by Act 47 of 1966, s. 2, for sections 3 and 4 (w.e.f. 14-12-1966).
2. Omitted by Act 29 of 1975, s. 11 (w.e.f. 15-8-1975).
3. Subs. by s. 11, ibid., for sub-section
(2) (w.e.f. 15-8-1975).
4. Subs. by Act 10 of 2008, s. 2, for sub-section
(5) (w.e.f. 16-4-2008).
5. Subs. by Act 47 of 1966, s. 4, for sections 7, 8 and 9 (w.e.f. 14-12-1966).
6. Subs. by Act 8 of 1980, s. 2, for certain words (w.e.f. 1-9-1979).
7. Subs. by Act 38 of 1992, s. 2, for “sub-sections (1A) and (1B)” (w.e.f. 5-12-1992).
8. Subs. by Act 61 of 1968, s. 4, for “forty-six” (w.e.f. 31-12-1968).
9. Subs. by s. 4, ibid., for “six seats” (w.e.f. 31-12-1968).
5
themselves in such manner as the Governor, after consulting that Council may,
by notification in the Official Gazette, specify, and
(b) the remaining forty seats shall be filled by persons chosen by direct election from
assembly constituencies in the rest of the State.
1
[(1A) Notwithstanding anything contained in sub-section
(1), the total number of seats in the
Legislative Assembly of the State of Sikkim, to be constituted at any time after the commencement
of the Representation of the People (Amendment) Act, 1980 (8 of 1980), to be filled by persons
chosen by direct election from assembly constituencies shall be thirty-two, of which—
(a) twelve seats shall be reserved for Sikkimese of Bhutia-Lepcha origin;
(b) two seats shall be reserved for the Scheduled Castes of that State; and
(c) one seat shall be reserved for the Sanghas referred to in section 25A.
Explanation.—In this sub-section “Bhutia” includes Chumbipa, Dopthapa, Dukpa, Kagatey,
Sherpa, Tibetan, Tromopa and Yolmo.]
2
[(1B) Notwithstanding anything contained in sub-section
(1), in the Legislative Assemblies of
the States of Arunachal Pradesh, Meghalaya, Mizoram and Nagaland, to be constituted at any
time after the commencement of the Representation of the People (Third Amendment)
Act, 1987 (40 of 1987),—
(a) 3[fifty-nine seats] shall be reserved for the Scheduled Tribes in the Legislative Assembly
of the State of Arunachal Pradesh;
(b) fifty-five seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of
the State of Meghalaya;
(c) thirty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly
of the State of Mizoram; and
(d) fifty-nine seats shall be reserved for the Scheduled Tribes in the Legislative Assembly of
the State of Nagaland.]
4
[(1C) Notwithstanding anything contained in sub-section
(1), twenty seats shall be reserved
for the Scheduled Tribes in the Legislative Assembly of the State of Tripura to be constituted at any
time after the commencement of the Representation of the People (Amendment) Act, 1992
(38 of 1992).]
(2) Every assembly constituency referred to 5[in sub-section
(1) or sub-section (1A)] shall be a
single-member constituency.
6
[
(3) The extent of each assembly constituency in all the States and Union Territories except the
assembly constituencies in the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and
Nagaland shall be as determined by the orders of the Delimitation Commission made under the
provisions of the Delimitation Act, 2002 (33 of 2002) and the extent of each assembly constituency in
the States of Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland shall be as provided for in
the Delimitation of Parliamentary and Assembly Constituencies Order, 2008 having regard to the
provisions of sections 10A and 10B of the Delimitation Act, 2002 (33 of 2002).]
7
[7A. Total number of seats in the Legislative Assembly of Sikkim and Assembly
Constituencies.—
(1) Notwithstanding anything contained in section 7, in the Legislative Assembly
of the State of Sikkim [deemed under the Constitution (Thirty-sixth Amendment) Act, 1975 to be the
1. Ins. by Act 8 of 1980, s. 2 (w.e.f. 1-9-1979).
2. Ins. by Act 40 of 1987, s. 2 (w.e.f. 22-9-1987).
3. Subs. by Act 10 of 2008, s. 3, for “thirty-nine seats” (w.e.f. 16-4-2008).
4. Ins. by Act 38 of 1992, s. 2 (w.e.f. 5-12-1992).
5. Subs. by Act 8 of 1980, s. 2, for “in sub-section
(1)” (w.e.f. 1-9-1979).
6. Subs. by Act 10 of 2008, s. 3, for sub-section
(3) (w.e.f. 16-4-2008).
7. Ins. by Act 10 of 1976, s. 2 and the Schedule (w.e.f. 9-9-1975).
6
Legislative Assembly of that State duly constituted], the total number of seats to be filled by persons
chosen by direct election from Assembly constituencies shall be 32.
(2) Every Assembly constituency referred to in sub-section
(1) shall be a single-member
constituency.
(3) In the Legislative Assembly so deemed to be duly constituted, the extent of each constituency
and the reservation of seats shall be as provided for immediately before the commencement of the
Constitution (Thirty-sixth Amendment) Act, 1975.]
The Delimitation of Parliamentary and Assembly Constituencies Order
8. Consolidation of delimitation orders.—1[
(1) Having regard to all the orders referred to in
sub-section
(5) of section 4 and sub-section
(3) of section 7 relating to the delimitation of
parliamentary and assembly constituencies in all States and Union Territories, except the States of
Arunachal Pradesh, Assam, Jharkhand, Manipur and Nagaland, made by the Delimitation
Commission and published in the Official Gazette, the Election Commission shall—
(a) after making such amendments as appear to it to be necessary for bringing up-to-date the
description of the extent of the parliamentary and assembly constituencies as given in such orders,
without, however, altering the extent of any such constituency;
(b) after taking into account the provisions of the Delimitation of Parliamentary and
Assembly Constituencies Order, 1976, as made applicable pursuant to the orders made by the
President under section 10A of the Delimitation Act, 2002 (33 of 2002) relating to delimitation of
parliamentary and assembly constituencies in the States of Arunachal Pradesh, Assam, Manipur
and Nagaland, and the provisions of section 10B of the said Act relating to delimitation of
parliamentary and assembly constituencies in the State of Jharkhand,
consolidate all such orders into one single order to be known as the Delimitation of Parliamentary and
Assembly Constituencies Order, 2008 and shall send authentic copies of that Order to the Central
Government and to the Government of each State having a Legislative Assembly; and thereupon that
Order shall supersede all the orders referred to in sub-section
(5) of section 4 and sub-section
(3) of
section 7 and shall have the force of law and shall not be called in question in any court.]
(2) As soon as may be, after the said Order is received by the Central Government or by the
Government of a State, that Government shall cause it to be laid before the House of the People or,
as the case may be, the Legislative Assembly of the State.
2
[
(3) The consolidation under sub-section
(1) of the orders referred to in sub-section
(5) of
section 4, or as the case may be, sub-section
(3) of section 7 shall not, 3[as provided in sub-section
(5)
of section 10 of the Delimitation Act, 2002 (33 of 2002)], affect the representation in, and the
territorial constituencies of, the House of the People or the Legislative Assembly of the State
existing on the date of publication in the Gazette of India of any such order or orders as may be
relevant.]
4
[8A. Delimitation of Parliamentary and Assembly Constituencies in the States of Arunachal
Pradesh, Assam, Manipur or Nagaland.—
(1) If the President is satisfied that the situation and the
conditions prevailing in the States of Arunachal Pradesh, Assam, Manipur or Nagaland are conducive
for the conduct of delimitation exercise, he may, by order, rescind the deferment order issued under
the provisions of section 10A of the Delimitation Act, 2002 (33 of 2002) in relation to that State, and
provide for the conduct of delimitation exercise in the State by the Election Commission.
(2) As soon as may be after the deferment order in respect of a State is rescinded under
sub-section
(1), the Election Commission may, by order, determine—
1. Subs. by Act 10 of 2008, s. 4, for sub-section
(1) (w.e.f. 16-4-2008).
2. Ins. by Act 88 of 1976, s. 4 (w.e.f. 2-9-1976).
3. Subs. by Act 10 of 2008, s. 4, for certain words (w.e.f. 16-4-2008).
4. Ins. by s. 5, ibid. (w.e.f. 16-4-2008).
7
(a) the parliamentary constituencies into which such State to which more than one seat is
allotted in the First Schedule shall be divided;
(b) the extent of each constituency; and
(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.
(3) As soon as may be after the deferment order in respect of a State is rescinded under
sub-section
(1), the Election Commission may, by order, determine—
(a) the assembly constituencies into which such State shall be divided for the purpose of
elections to the Legislative Assembly of that State;
(b) the extent of each constituency; and
(c) the number of seats, if any, reserved for the Scheduled Castes or the Scheduled Tribes.
(4) Subject to the provisions of sub-section
(1), the Election Commission shall, having regard to
the provisions of the Constitution and the principles specified in clauses
(c) and
(d) of sub-section
(1)
of section 9 of the Delimitation Act, 2002 (33 of 2002) determine the parliamentary and assembly
constituencies in the States of Arunachal Pradesh, Assam, Manipur and Nagaland in which seats shall
be reserved, if any, for the Scheduled Castes and the Scheduled Tribes.
(5) The Election Commission shall,—
(a) publish its proposals under sub-sections
(2),
(3) and
(4) with respect to any State in the
Official Gazette and also in such other manner as it thinks fit;
(b) specify a date on or after which the proposals will be further considered by it;
(c) consider all objections and suggestions which may have been received by it before the
date so specified;
(d) hold, for the purpose of such consideration, if it thinks fit so to do, one or more public
sittings at such place or places in such State as it thinks fit;
(e) after considering all objections and suggestions which may have been received by it before
the date so specified, determine, by order, the delimitation of parliamentary and assembly
constituencies in the State and also the constituency or constituencies in which seats shall be
reserved, if any, for the Scheduled Castes and the Scheduled Tribes and cause such order to be
published in the Official Gazette; and, upon such publication, the order shall have the force of law
and shall not be called in question in any court and the Delimitation of Parliamentary and
Assembly Constituencies Order, 2008 shall be deemed to have been amended accordingly.
(6) Every order made under sub-sections
(1) and
(2) and clause
(e) of sub-section
(5) shall be laid
before each House of Parliament.
(7) Every order made under sub-sections
(1) and
(3) and clause
(e) of sub-section
(5) shall, as
soon as may be after it is published under that sub-section, be laid before the Legislative Assembly of
the State concerned.]
9. Power of Election Commission to maintain Delimitation Order up-to-date.—
(1) The
Election Commission may, from time to time, by notification published in the Gazette of India and
in the Official Gazette of the State concerned,—
1
[
(a) correct any printing mistake in the Delimitation of Parliamentary and Assembly
Constituencies Order, 2008 or any error arising therein from inadvertent slip or omission;
1. Subs. by Act 10 of 2008, s. 6, for clause
(a) (w.e.f. 16-4-2008).
8
(aa) make such amendments in the Delimitation of Parliamentary and Assembly
Constituencies Order, 2008 as appear to it to be necessary or expedient for consolidating with that
Order any notification or order relating to delimitation of Parliamentary or assembly constituencies
(including reservation of seats for the Scheduled Castes or the Scheduled Tribes in such constituencies)
issued under section 8A of this Act or any other Central Act;]
(b) where the boundaries or name of any district or any territorial division mentioned in the Order
are or is altered, make such amendments as appear to it to be necessary or expedient for bringing the
Order up-to-date;
1
[
(c) make such amendments in the Delimitation of Parliamentary and Assembly Constituencies Order,
2008 as appear to it to be necessary or expedient for bringing the Order up-to-date by including therein and
excluding therefrom the relevant areas, consequent upon the exchange of one hundred and eleven enclaves
of India and fifty-one enclaves of Bangladesh with effect from 31st July, 2015, in pursuance of the
Constitution (One Hundredth Amendment) Act, 2015.]
(2) Every notification under this section shall be laid, as soon as may be after it is issued, before the
House of the People and the Legislative Assembly of the State concerned.]
2*
* * * *
9A. [Power of Election Commission to determine the constituencies to be reserved for scheduled Tribes in
main states].—Omitted by the Representation of the People (Amendment) Act, 2008 (10 of 2008), s. 7 (w.e.f. 16-
4-2008).
9B. [Power of Election Commission to determine certain constituencies to be reserved for Scheduled Tribes
in the State of Tripura]. Omitted by the Representation of the People (Amendment) Act, 2008 (10 of 2008), s. 7
(w.e.f. 16-4-2008).
The State Legislative Councils
10. Allocation of seats in the Legislative Councils.—
(1) The allocation of seats in the Legislative
Councils of the States having such Councils shall be as shown in the Third Schedule.
(2) In the Legislative Council of each State specified in the first column of the Third Schedule, there
shall be the number of seats specified in the second column thereof opposite to that State, and of
those seats,—
(a) the numbers specified in the third, fourth and fifth columns shall be the number of seats to be filled
by persons elected, respectively, by the electorates referred to in sub-clauses
(a),
(b) and
(c) of clause
(3)
of article 171;
(b) the number specified in the sixth column shall be the number of seats to be filled by persons
elected by the members of the Legislative Assembly of the State from amongst persons who are not
members of that Assembly; and
(c) the number specified in the seventh column shall be the number of seats to be filled by persons
nominated by the Governor 3*** of the State in accordance with the provisions of clause
(5) of article 171.
4
* * * * *
11. Delimitation of Council Constituencies.—As soon as may be after the commencement of this Act,
the President shall, by order, determine—
(a) the constituencies into which each State having a Legislative Council shall be divided for the
purpose of elections to that Council under each of the sub-clauses
(a),
(b) and
(c) of clause
(3) of
article 171;
(b) the extent of each constituency; and
(c) the number of seats allotted to each constituency.
Provisions as to orders delimiting constituencies
12. Power to alter or amend orders.—5[
(1)] The President may, from time to time, after consulting
the Election Commission, by order, alter or amend any order made by him under 6*** section 11.
1. Ins. by Act 10 of 2016, s. 2 (w.e.f. 4-3-2016).
2. Omitted by the Act 10 of 2008, s. 7 (w.e.f. 16-4-2008).
3. The words “or Rajpramukh, as the case may be” omitted by the Adaptation of Laws (No.2) Order, 1956
(w.e.f. 1-11-1956).
4. Omitted by Act 37 of 1957, s. 12 (w.e.f. 18-9-1957).
5. Section 12 renumbered as sub-section
(1) of that section by Act 20 of 1960, s. 2 (w.e.f. 8-5-1960).
6. The words and figures “section 6, section 9, or” omitted by Act 2 of 1956, s. 7.
9
1
[
(2) An order under sub-section
(1) may contain provisions for the allocation of any member
representing any council constituency immediately before the making of the order to any
constituency delimited a new or altered by the order and for such other incidental and consequential
matters as the President may deem necessary.]
13. Procedure as to orders delimiting constituencies.— 2***
(3) Every order made under 3*** section 11 or section 12 shall be laid before Parliament as
soon as may be after it is made, and shall be subject to such modifications as Parliament may make
on a motion made within twenty days from the date on which the order is so laid.
4
[PART IIA
OFFICERS
13A. Chief electoral officers.—
(1) There shall be for each State a chief electoral officer who
shall be such officer of Government as the Election Commission may, in consultation with that
Government, designate or nominate in this behalf.
(2) Subject to the superintendence, direction and control of the Election Commission, the
chief electoral officer shall supervise the preparation, revision and correction of all electoral rolls in
the State under this Act.
5
[13AA. District election officers.—
(1) For each district in a State, 6***, the Election
Commission shall, in consultation with the Government of the State, designate or nominate a district
election officer who shall be an officer of Government:
Provided that the Election Commission may designate or nominate more than one such officer
for a district if the Election Commission is satisfied that the functions of the office cannot be
performed satisfactorily by one officer.
(2) Where more than one district election officer are designated or nominated for a district
under the proviso to sub-section
(1), the Election Commission shall in the order designating or
nominating the district election officers also specify the area in respect of which each such officer
shall exercise jurisdiction.
(3) Subject to the superintendence, direction and control of the chief electoral officer, the district
election officer shall coordinate and supervise all work in the district or in the area within his
jurisdiction in connection with the preparation and revision of the electoral rolls for all
parliamentary, assembly and council constituencies within the district.
(4) The district election officer shall also perform such other functions as may be entrusted
to him by the Election Commission and the chief electoral officer.]
13B. Electoral registration officers.—
(1) The electoral roll 7[8[for each parliamentary
constituency in the State of Jammu and Kashmir or in a Union territory not having a Legislative
Assembly], each assembly constituency and each Council constituency] shall be prepared and
revised by an electoral registration officer who shall be such officer of Government or of a local
authority as the Election Commission may, in consultation with the Government of the State in
which the constituency is situated, designate or nominate in this behalf.
(2) An electoral registration officer may, subject to any prescribed restrictions, employ such
persons as he thinks fit for the preparation and revision of the electoral roll for the constituency.
1. Ins. by Act 20 of 1960, s. 2 (w.e.f. 8-5-1960).
2. Sub-sections
(1) and
(2) omitted by Act 2 of 1956, s. 8 (w.e.f. 1-3-1956).
3. The words and figures “section 6, section 9,” omitted by s. 8, ibid. (w.e.f. 1-3-1956).
4. Ins. by s. 9, ibid. (w.e.f. 1-3-1956).
5. Ins. by Act 47 of 1966, s. 5 (w.e.f. 14-12-1966).
6. The words “other than a Union territory,” omitted by Act 2 of 2004, s. 2 (w.e.f. 29-10-2003).
7. Subs. by Act 103 of 1956, s. 65, for certain words (w.e.f. 1-1-1957).
8. Subs. by Act 47 of 1966, s. 6, for certain words (w.e.f.14-12-1966).
10
13C. Assistant electoral registration officers.—
(1) The Election Commission may appoint
one or more persons as assistant electoral registration officers to assist any electoral registration
officer in the performance of his functions.
(2) Every assistant electoral registration officer shall, subject to the control of the electoral
registration officer, be competent to perform all or any of the functions of the electoral
registration officer.
1
[13CC. Chief Electoral Officers, District Election Officers, etc., deemed to be on
deputation to Election Commission.—The officers referred to in this Part and any other officer
or staff employed in connection with the preparation, revision and correction of the electoral rolls
for, and the conduct of, all elections shall be deemed to be on deputation to the Election Commission
for the period during which they are so employed and such officers and staff shall, during that
period, be subject to the control, superintendence and discipline of the Election Commission.]
PART IIB
ELECTORAL ROLLS FOR PARLIAMENTARY CONSTITUENCIES
2
[13D. Electoral rolls for parliamentary constituencies.—
(1) The electoral roll for every
parliamentary constituency, other than a parliamentary constituency in the State of Jammu and
Kashmir or in a Union territory not having a Legislative Assembly, shall consist of the electoral
rolls for all the assembly constituencies comprised within that parliamentary constituency; and it
shall not be necessary to prepare or revise separately the electoral roll for any such parliamentary
constituency:
Provided that for the period referred to in clause
(2) of article 371A, it shall be necessary to
prepare and revise separately the electoral roll for that part of the parliamentary constituency of
Nagaland which comprises the Tuensang district and the provisions of Part III shall apply in
relation to the preparation and revision of the electoral roll of the said part as they apply in relation
to an assembly constituency.
(2) The provisions of Part III shall apply in relation to every parliamentary constituency in
the State of Jammu and Kashmir or in a Union territory not having a Legislative Assembly as they
apply in relation to an assembly constituency.]
PART III
3
[ELECTORAL ROLLS FOR ASSEMBLY 4*** CONSTITUENCIES]
5
[14. Definitions.—In this Part, unless the context otherwise requires,—
(a) “constituency” means an Assembly constituency 4*** ;
(b) “qualifying date”, in relation to the preparation or revision of every electoral roll under
this Part, means 6[the 1st day of January, the 1st day of April, the 1st day of July and the 1st day
of October] of the year in which it is so prepared or revised:]
7
[Provided that “qualifying date”, in relation to the preparation or revision of every electoral
roll under this Part in the year 1989, shall be the 1st day of April, 1989.]
15. Electoral roll for every constituency.—For every constituency there shall be an electoral
roll which shall be prepared in accordance with the provisions of this Act under the superintendence,
direction and control of the Election Commission.
1. Ins. by Act 1 of 1989, s. 2 (w.e.f. 15-3-1989).
2. Subs. by Act 47 of 1966, s. 7, for section 13D (w.e.f. 14-12-1966).
3. Subs. by Act 2 of 1956, s. 10, for the heading “REGISTRATION OF PARLIAMENTARY ELECTORS”
(w.e.f. 1-8-2022).
4. Certain words omitted by Act 103 of 1956, s. 65 (w.e.f. 1-1-1957).
5. Subs. by Act 2 of 1956, s. 11, for section 14 (w.e.f. 1-3-1956).
6. Subs. by Act 49 of 2021, s. 2, for “the 1st day of January” (w.e.f.1-8-2022).
7. Ins. by Act 21 of 1989, s. 3 (w.e.f. 28-3-1989).
11
16. Disqualifications for registration in an electoral roll.—
(1) A person shall be disqualified
for registration in an electoral roll if he—
<
