What is Legislative Council in Indian Constitution?

The Legislative Council is the upper house of bicameral state legislatures in India, established under Articles 168-175 of the Constitution. It serves as a revising chamber that provides detailed scrutiny of legislation passed by the Legislative Assembly. Unlike the directly elected Assembly, the Legislative Council has a unique composition with members elected through different methods and some nominated by the Governor. Currently, seven states have Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh, and West Bengal. The Council's strength cannot exceed one-third of the Assembly's strength, with a minimum of 40 members. Its primary role is to provide expertise-based review of legislation while maintaining the supremacy of the directly elected lower house.

Which states have Legislative Council in India?

As of 2024, seven Indian states have Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh, and West Bengal. Uttar Pradesh has the largest council with 100 members, while West Bengal has the smallest with 40 members (the constitutional minimum). These states chose to maintain bicameral legislatures to benefit from the additional scrutiny and expertise that upper houses can provide. Other states like Tamil Nadu, Odisha, and Rajasthan have considered creating Legislative Councils at various times but currently operate with unicameral legislatures. The decision to have a Legislative Council depends on each state's assessment of its utility, cost-effectiveness, and contribution to governance quality.

How are Legislative Council members elected?

Legislative Council members are elected through a unique multi-tier system designed to ensure diverse representation. One-third are elected by Legislative Assembly members from non-assembly candidates, one-third by local body members (municipalities, district boards), one-twelfth by graduates with at least three years' graduation, one-twelfth by teachers with at least three years' teaching experience, and one-sixth are nominated by the Governor from persons with expertise in literature, science, art, cooperative movement, and social service. This composition ensures representation of various stakeholders including local governance, education sector, and specialized expertise. Members serve six-year terms with one-third retiring every two years, ensuring continuity. The electoral process uses proportional representation with single transferable vote system for most categories.

What are powers of Legislative Council?

Legislative Councils have significant but limited powers compared to Legislative Assemblies. In ordinary legislation, both houses have equal powers and bills must pass both chambers. However, the Council cannot indefinitely delay bills - if it rejects or amends a bill, the Assembly can pass it again after three months and it becomes law. For money bills, the Council has only recommendatory powers within 14 days, which the Assembly may accept or reject. The Council cannot participate in confidence or no-confidence motions against the government, maintaining the principle that governments are responsible only to directly elected houses. It can initiate legislation except money bills, participate in constitutional amendment processes, and exercise oversight functions through questions and debates. The Council also elects its Chairman and Deputy Chairman.

Can Legislative Council be abolished by state?

Yes, a Legislative Council can be abolished, but the process requires both state and central approval. The state Legislative Assembly must pass a resolution by special majority (more than half of total membership and two-thirds of members present and voting) requesting abolition. Parliament then passes a law under Article 169 to effect the abolition. This dual requirement ensures that decisions about state legislative structures involve both state and national levels. Several states have abolished their councils over time - Tamil Nadu in 1986, and Andhra Pradesh temporarily abolished its council in 2020 citing cost and utility concerns. The process can also work in reverse for creating new councils, as seen when some states have considered establishing Legislative Councils to enhance their legislative capacity.

How is Legislative Council different from Assembly?

Legislative Councils and Assemblies differ fundamentally in composition, powers, and functions. Assemblies are directly elected by universal adult suffrage for five-year terms, while Councils have mixed composition with indirect elections and nominations for six-year terms. Assemblies have full legislative powers including money bills and confidence motions, while Councils have limited powers - they cannot delay money bills beyond 14 days and cannot participate in government formation or dismissal. Assemblies can be dissolved by Governors, while Councils are permanent bodies with one-third members retiring every two years. The Assembly represents the popular will directly, while the Council provides expertise-based review and represents diverse stakeholders like local bodies, graduates, and teachers. In case of deadlock, the Assembly's view ultimately prevails, maintaining democratic supremacy.

Who is Chairman of Legislative Council?

The Chairman of a Legislative Council is elected by the council members from among themselves, similar to the Rajya Sabha Chairman election process. The Chairman presides over council sessions, maintains order, decides on procedural matters, and represents the council in its relations with other institutions. Unlike the Rajya Sabha where the Vice President serves as ex-officio Chairman, Legislative Council Chairmen are elected positions. Each council also elects a Deputy Chairman who assists the Chairman and presides in their absence. The Chairman's role is crucial for maintaining the dignity and effectiveness of the council's proceedings. Current Chairmen include prominent political figures who often bring significant legislative experience to their roles. The position carries considerable prestige and responsibility for ensuring smooth functioning of the upper house.

What is composition of Legislative Council?

Legislative Council composition follows a specific constitutional formula designed to ensure diverse representation. One-third (33.33%) are elected by Legislative Assembly members from non-assembly persons, one-third (33.33%) by local body members including municipalities and district boards, one-twelfth (8.33%) by graduates with at least three years' graduation, one-twelfth (8.33%) by teachers with minimum three years' teaching experience, and one-sixth (16.67%) are nominated by the Governor from persons with special knowledge in literature, science, art, cooperative movement, and social service. The total strength cannot exceed one-third of the Assembly strength with a minimum of 40 members. This unique composition ensures representation of local governance, educational expertise, and specialized knowledge while maintaining connection with the directly elected assembly. Members serve six-year terms with staggered retirement ensuring continuity.

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Article 168 of the Indian Constitution states: 'For every State there shall be a Legislature which shall consist of the Governor, and (a) in the case of the States of Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh and West Bengal, two Houses; (b) in the case of other States, one House.' Article 169 provides: 'A House of the Legislature of a State shall not be deemed to be …

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The Legislative Council is the upper house of bicameral state legislatures in India, currently existing in seven states: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh, and West Bengal.

Established under Articles 168-175 of the Constitution, it serves as a revising chamber for legislation passed by the Legislative Assembly. The Council's unique composition includes one-third elected by Assembly members, one-third by local bodies, one-twelfth each by graduates and teachers, and one-sixth nominated by the Governor.

Its strength cannot exceed one-third of the Assembly with a minimum of 40 members. Members serve six-year terms with one-third retiring every two years. The Council has equal powers in ordinary legislation but limited powers over money bills (14-day recommendatory period) and cannot participate in confidence motions.

It can be created or abolished through a special majority resolution by the state assembly followed by parliamentary legislation. The Council provides expertise-based scrutiny of legislation while maintaining the supremacy of the directly elected assembly, representing an adaptation of the Westminster system to Indian federal democracy.

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7 states have Legislative Councils: AP, Bihar, Karnataka, Maharashtra, Telangana, UP, West Bengal

Composition: 1/3rd by Assembly, 1/3rd by local bodies, 1/12th graduates, 1/12th teachers, 1/6th nominated

Strength: Max 1/3rd of Assembly, minimum 40 members

Term: 6 years, 1/3rd retire every 2 years

Powers: Equal in ordinary legislation, limited in money bills (14 days), no confidence motions

Articles: 168-171 (composition), 169 (creation/abolition)

Cannot be dissolved (permanent body)

Chairman elected by members

Vyyuha Quick Recall - 'ABKMTUW-7' for seven states with Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh, West Bengal. For composition remember 'ALLTGN': Assembly (1/3), Local bodies (1/3), Teachers (1/12), Graduates (1/12), Nominated (1/6).

Powers mnemonic 'MONEY-14': Money bills get only 14 days for recommendations. Term recall '6-2-1/3': 6 years term, 1/3rd retire every 2 years. Articles '168-171': 168 for structure, 169 for creation/abolition, 171 for composition.

Remember 'Permanent but Powerless in Politics' - cannot be dissolved but cannot participate in confidence motions.

Legislative Council

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