Article 80: Composition of the Council of States

The Constitution of IndiaCentral Constitution · 1950

About this text. The article text here was extracted from the official PDF automatically and is known to be incomplete: some articles are cut short and run into the next article’s heading, and none of the twelve Schedules are present, including the Seventh Schedule. The official PDF is complete; treat it as the record.

(1) 1[2*** The Council of 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 3[and of the Union territories.]

(2) The allocation of seats in the Council of States to be filled by representatives of the States 3[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 4*** 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 5[Union territories] in the Council of States shall be chosen in such manner as Parliament may by law prescribe.

Where this provision sits

Act	The Constitution of India
Article	80
Marginal note	Composition of the Council of States
Jurisdiction	Central
Status	In force as published by the source
Judgments citing it	6

Judgments that turned on this provision

LOK PRAHARI vs UNION OF INDIASupreme Court of India · 2023-03-27
SHAILESH MANUBHAI PARMAR vs ELECTION COMMISSION OF INDIA THROUGH THE CHIEF ELECTION COMMISSIONERSupreme Court of India · 2018-08-21
APP/9/2018 of SHARAD SATYANARAYAN AGARWAL Vs BNP PARIBAS (SWITZERLAND) SA AND ANR.Bombay High Court · 2017-12-18

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