Legislative Council (What is it?)
- The Legislative Council is the Upper House of a State Legislature, also known as the Vidhan Parishad.
- Under Article 168, certain states may have a bicameral legislature consisting of a Legislative Assembly and a Legislative Council.
- Article 169 empowers Parliament to create or abolish a State Legislative Council through a law, provided the State Legislative Assembly passes a resolution with a special majority.
- It is a permanent body and cannot be dissolved. One-third of its members retire every two years.
Key Features of Legislative Council
- Constitutional Provision: Articles 168–171.
- Minimum Strength: 40 members.
- Maximum Strength: One-third of the total membership of the State Legislative Assembly.
- Tenure: Six years; one-third of members retire every two years.
- Qualifications: Same basic qualifications as members of the Legislative Assembly, with a minimum age of 30 years.
- Chairman and Deputy Chairman: Elected by the members of the Council.
Composition of Legislative Council (Article 171)
- 1/3 members: Elected by members of local authorities.
- 1/12 members: Elected by graduates of at least three years’ standing.
- 1/12 members: Elected by teachers of at least three years’ standing in specified educational institutions.
- 1/3 members: Elected by members of the Legislative Assembly from among persons who are not its members.
- Remaining members: Nominated by the Governor from persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.
States Having Legislative Councils
Currently, 6 States in India have bicameral legislatures (Article 168):
- Andhra Pradesh
- Bihar
- Karnataka
- Maharashtra
- Telangana
- Uttar Pradesh
Conclusion
Legislative Councils strengthen deliberative democracy through informed scrutiny and legislative checks and balances. Reforms must ensure that they remain institutions of legislative wisdom rather than political accommodation.
| This Concept has been discussed in the following article: Legislative Councils in India: Role, Composition, Powers and Reforms |