Section 10: Section 10 – Allocation of Seats in the Legislative Councils of States

Overview

Section 10 of the Representation of the People Act, 1950, focuses on how seats are divided within the Legislative Councils (Vidhan Parishad) of states that have two legislative houses (bicameral legislatures). It doesn’t directly deal with individual voter registration, but it determines *how many* representatives from different groups – like local bodies, teachers, and graduates – will be part of the state’s upper house.

Key Provisions

• The total number of seats in each State Legislative Council, and how those seats are distributed among different types of constituencies, is determined by the Third Schedule of the Act. This schedule is crucial for understanding the composition of these councils.
• The four main categories of constituencies are: seats filled by members of local authorities (like municipalities and district councils), seats for graduates, seats for teachers, and seats filled by Members of the Legislative Assembly (MLAs).
• Section 10 essentially links the structure of the Legislative Council to the broader framework laid out in the Third Schedule.

Impact on Voters and Electoral Rolls

While Section 10 doesn’t directly affect the general voter list, it impacts specific groups of voters. For example, teachers and graduates have separate electoral rolls for the constituencies reserved for them. The size of these constituencies, and therefore the weight of each vote within them, is determined by the allocation of seats as per Section 10 and the Third Schedule. This ensures representation of these professional groups in the legislative process. The number of seats allocated to local authorities also influences the importance of local body elections, as those elected officials then participate in electing members to the Legislative Council.

Practical Examples

• Example 1: Imagine a state’s Legislative Council is allocated a total of 100 seats. Section 10, referencing the Third Schedule, might specify that 30 seats are for MLAs, 20 for local authorities, 15 for graduates, and 35 for teachers. This dictates the size of each electoral college for these different constituencies.
• Example 2: A state decides to increase the overall size of its Legislative Council. This requires an amendment to the Act and a corresponding update to the Third Schedule. Section 10 then automatically adjusts the allocation of seats among the different constituencies based on the revised schedule, potentially increasing representation for one or more groups.

Related Sections / Rules

This section works closely with Section 9 (Allocation of seats in the House of the People) as both deal with seat allocation, though at different levels of government. The Third Schedule of the Act is directly referenced and is essential for understanding the practical application of Section 10. The Registration of Electors Rules, 1962 are relevant when considering the separate electoral rolls maintained for the graduates and teachers constituencies.