Bare Acts

PART III REPRESENTATION IN THE LEGISLATURES The Council of States


5. [Amendment of Fourth Schedule to the Constitution].—Rep. by the Repealing and Amending Act,
2001 (30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).

1. 20th February, 1987, vide notification No. S.O. 72(E), dated 11th February, 1987, see Gazette of India, Extraordinary, Part II,
sec. 3(ii).
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6. Allocation of sitting member.—(1) On and from the appointed day, the sitting member of the
Council of States representing the existing Union territory of Mizoram shall be deemed to have been duly
elected under clause (4) of article 80 to fill the seat allotted to the State of Mizoram in that Council.
(2) The term of office of such sitting member shall remain unaltered.
7. [Amendment of section 27A of Act 43 of 1950].—Rep. by the Repealing and Amending Act, 2001
(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).
The House of the People
8. Allocation of seat in the existing House of the People.—(1) On and from the appointed day, the
allocation of seats to the State of Mizoram in the House of the People and the number of seats to be reserved
for the Scheduled Tribes of that State shall be one; and the First Schedule to the Representation of the
People Act, 1950 (43 of 1950), shall be deemed to be amended, accordingly.
(2) On and from the appointed day, the parliamentary constituency of the existing Union territory of
Mizoram shall be deemed to be the parliamentary constituency of the State of Mizoram and the Delimitation
of Parliamentary and Assembly Constituencies Order, 1976, shall be construed accordingly.
9. Provision as to sitting member.—The sitting member of the House of the People representing the
constituency which, on the appointed day, by virtue of the provisions of section 8 becomes the constituency
of the State of Mizoram, shall be deemed to have been elected under sub-clause (a) of clause (1) of
article 81 to the House of the People by that constituency.
The Legislative Assembly
10. Provision as to Legislative Assembly.—On and from the appointed day, the total number of seats
in the Legislative Assembly of the State of Mizoram to be filled by persons, chosen by direct election from
assembly constituencies shall be forty; and the Second Schedule to the Representation of the People
Act, 1950 (43 of 1950), shall be deemed to be amended accordingly.
11. Delimitation of constituencies.—(1) The Election Commission shall, before the appointed day,
and in the manner herein provided, distribute the seats assigned to the Legislative Assembly of the State of
Mizoram under section 10 to single-member territorial constituencies and delimit them, having regard to
the provisions of the Constitution and to the following provisions, namely:—
(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting
them regard shall be had to physical features, existing boundaries of administrative units, facilities of
communication and public convenience; and
(b) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be
located in areas where the proportion of their population to the total population is the largest.
(2) For the purpose of assisting it in the performance of its functions under sub-section (1) the Election
Commission shall associate with itself as associate members,—
(a) the sitting member of the House of the People referred to in section 9; and
(b) such six of the members of the Legislative Assembly of the existing Union territory of
Mizoram as the Speaker thereof may nominate:
Provided that none of the associate members shall have a right to vote or to sign any decision of the
Election Commission.
(3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if
practicable, in accordance with the provisions of sub-section (2).
(4) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in
such other manner as the Commission may consider fit, together with a notice inviting objections and
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suggestions in relation to the proposals and specifying a date on or after which the proposals will be
further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so
specified;
(c) after considering all objections and suggestions which may have been received by it before the
date so specified, determine by one or more orders the delimitation of constituencies and cause such
order or orders to be published in the Official Gazette; and upon such publication, the order or orders
shall have the full force of law and shall not be called in question in any Court.
(5) As soon as may be after such publication, every such order relating to assembly constituencies
shall be laid before the Legislative Assembly of the existing Union territory of Mizoram.
12. Power of Election Commission to maintain delimitation orders up-to-date.—(1) The Election
Commission may, from time to time, by notification in the Official Gazette,—
(a) correct any printing mistake in any order made under section 11 or any error arising therein from
inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are or is
altered, make such amendments as appear to it to be necessary or expedient for bringing such order
up-to-date.
(2) Every notification under this section relating to an assembly constituency shall be laid, as soon as
may be after it is issued, before the Legislative Assembly of the existing Union territory of Mizoram.
13. [Amendment of Scheduled Castes Orders].—Rep. by the Repealing and Amending Act, 2001
(30 of 2001), s. 2 and the First Schedule (w.e.f. 3-9-2001).
14. [Amendment of Scheduled Tribes Orders].—(1) Rep. by s. 2 and the First Schedule, ibid.
(w.e.f. 3-9-2001). 

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