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Constitution of India · Part V: The Union · General

Article 80: Composition of the Council of States

In plain words

The Council of States has twelve members nominated by the President and up to two hundred and thirty-eight representatives of the States and Union territories. Seats are allocated as in the Fourth Schedule.

  • Nominated members have special knowledge or practical experience in literature, science, art and social service.
  • Each State's representatives are elected by the elected members of its Legislative Assembly by proportional representation using the single transferable vote.
  • Union territory representatives are chosen as Parliament provides.

A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.

Official text

(1) [*** 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 [and of the Union territories].

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

Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.

Supreme Court judgments citing the article 80