State Legislative Council, Articles, Eligibility, Election

The State Legislative Council, also known as the Vidhan Parishad, is the upper house in the bicameral legislature of some states in India. Modelled after the Rajya Sabha at the central level, the Council plays an advisory and reviewing role in the legislative process of the state. Currently, six states are having a legislative council. They are Bihar, Uttar Pradesh, Maharashtra, Andhra Pradesh, Telangana and Karnataka. 

While not all Indian states have a Legislative Council, those that do follow a bicameral system, include both the State Legislative Assembly (Vidhan Sabha) and the State Legislative Council. Bicameralism in the states is seen as a way to provide broader representation and allow for more detailed scrutiny of legislative matters. 

State Legislative Council Constitutional Provisions

The constitutional framework governing the State Legislative Council is primarily detailed in Articles 169, 171, and 172 of the Indian Constitution. These articles outline the establishment, composition, and duration of the Council.

• Article 169: It grants Parliament the authority to create or abolish a State Legislative Council by a simple majority, contingent upon a resolution passed by the state’s Legislative Assembly by a special majority. However, the resolution passed by the Legislative Assembly is not binding on Parliament. 
• Article 171: It outlines the composition of the State Legislative Council.
• Article 172: It addresses the duration of the Council, indicating that its members serve for six years, with one-third of them retiring every two years.

State Legislative Council Composition

Under Article 171 of the Constitution, the Legislative Council of a state is composed of a maximum of one-third of the total strength of the State Assembly, with a minimum requirement of 40 members. The Legislative Council of every State shall choose two members of the Council to be respectively Chairman and Deputy Chairman. If the office of Chairman or Deputy Chairman becomes vacant, the Council shall choose another member to be Chairman or Deputy Chairman.

State Legislative Council Manner of Election

All members of the Legislative Council are either indirectly elected or nominated by the Governor. The manner of the election is as follows:

• One-third is elected by electorates consisting of members of municipalities, district boards, and such other local authorities in the State.
• One-third elected by members of the Legislative Assembly from among persons who are not Assembly members.
• One-twelfth elected by graduates of three years’ standing residing in the state.
• One-twelfth elected by teachers of secondary schools having at least three years of experience.
• One-sixth nominated by the Governor for their expertise in fields like literature, science, arts, social service, or cooperative movement.

State Legislative Council Eligibility and Tenure

Tenure for members of the Legislative Council is established at six years, similar to the Rajya Sabha, the upper house of Parliament. In the State Legislative Council, one-third of the members retire every two years, creating a staggered retirement system that fosters continuity within the Council. The following is the list of qualification criteria for a candidate to be a member of the State Legislative Council, as prescribed in Article 173:

• Must be a citizen of India.
• At least 30 years old.
• He should possess such other qualifications as may be prescribed on that behalf by or under any law made by Parliament.

Additionally, the Representation of People Act, of 1951, provided the following qualification criteria:

• A person must be an elector for any Assembly constituency in that State.
• To be qualified for the Governor’s nomination, he must be a resident of that State.

State Legislative Council Position vis-à-vis State Legislative Assembly 

The constitutional position of the State Legislative Council with the State Legislative Assembly can be analyzed from two perspectives: areas where the Council has equal powers with the Assembly and areas where it holds lesser authority. While both Houses play a role in the legislative process, the Assembly generally holds greater influence and control over legislative matters.

Equal with Assembly

Areas where the powers and status of the Legislative Council are broadly equal to those of the Assembly are:

• Ordinary Bills: Both Houses can introduce and pass ordinary bills. However, if there is a disagreement, the will of the Assembly prevails.
• Approval of Ordinances: The Council shares the responsibility of approving ordinances issued by the Governor.
• Selection of Ministers: Ministers, including the Chief Minister, can be members of either House, but they are accountable solely to the Assembly.
• Reports of Constitutional Bodies: The Council has the authority to consider reports from bodies such as the State Finance Commission and State Public Service Commission.
• Jurisdiction of State Public Service Commission: The Council participates in the enlargement of the jurisdiction of the State Public Service Commission.

Unequal with Assembly

In most of the matters, the Legislative Council has powers that are inferior to those of the Assembly. The instances where the legislative council enjoys inferior power are as follows:

• Introduction of Money Bills: Money Bills can only be introduced in the Assembly; the Council cannot amend or reject them and must return such bills within 14 days, either with or without recommendation.
• Recommendations on Money Bills: The Assembly can accept or reject all or any recommendations made by the Council regarding Money Bills.
• Determination of Money Bills: The final decision on whether a bill qualifies as a Money Bill lies with the Speaker of the Assembly.
• Passing Ordinary Bills: The Assembly has the final authority on ordinary bills. The Council can delay or detain a bill for a maximum of four months but is not a revising body like the Rajya Sabha.
• Budget Discussion: While the Council can discuss the budget, it cannot vote on demands for grants, which is an exclusive right of the Assembly.
• No-Confidence Motion: The Council cannot remove the Council of Ministers through a no-confidence motion. However, the Council can discuss and criticize government policies.
• Bill Rejection: If an ordinary bill originating from the Council is rejected by the Assembly, the bill is considered dead.
• Election Participation: The Council does not participate in the election of the President of India or the election of the Rajya Sabha.
• Constitutional Amendments: The Council has limited influence over the ratification of constitutional amendment bills, where the Assembly's will prevails.
• Existence of the Council: The existence of the Council depends on the will of the Assembly, as it can be abolished by Parliament based on the Assembly's recommendation.

State Legislative Council Role

Despite having fewer powers compared to the State Legislative Assembly, the State Legislative Council serves several important functions that contribute to the legislative process and governance. The key roles of the legislative council include the following:

• Quality Control of Legislation: The Council plays a crucial role in reviewing and revising legislation passed by the Assembly. It acts as a check against hasty, defective, or poorly considered laws by allowing for a thorough examination and debate.
• Representation of Experts: The Governor nominates one-sixth of the members of the Council from among individuals with expertise in various fields such as education, science, art, and social service. This provision allows for valuable insights and contributions from those with significant experience and knowledge, enriching the legislative discussions.
• Political Stability: As a permanent chamber, the State Legislative Council contributes to political stability within the state. Unlike the State Legislative Assembly, which is dissolved every five years, the Council maintains continuity. This permanence allows for consistent oversight of legislation and governance, even during changes in the Assembly. 

State Legislative Council UPSC PYQ

Question 1) Consider the following statements:

1. The Legislative Council of a state in India can be larger in size than half of the Legislative Assembly of that particular state.
2. The Governor of a State nominates the Chairman of the Legislative Council of that particular state.

Which of the statements given above is/are correct? (UPSC Prelims 2015)

1. 1 only
2. 2 only
3. Both 1 and 2
4. Neither 1 nor 2

Ans: (d)

Question 2) Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (UPSC Mains 2020)

State Legislative Council FAQs

Q1. How many State legislative councils are there?

Ans. Currently, six states in India have a Legislative Council: Bihar, Karnataka, Maharashtra, Telangana, Andhra Pradesh, and Uttar Pradesh.

Q2. What is the role of the state Legislative Council?

Ans. The State Legislative Council primarily reviews legislation passed by the State Assembly, represents various professionals and experts, provides an advisory role in policy-making, and promotes political stability through its permanent chamber structure.

Q3. Who heads the State Legislative Council?

Ans. The State Legislative Council is headed by the Chairman.

Q4. How members are elected in the State Legislative Council?

Ans. Members of the State Legislative Council are elected through a combination of indirect elections and nominations. They can be elected by the Legislative Assembly, local authority members, graduates, and teachers. The Governor also nominates one-sixth of the members.

Q5. What is the composition of the state Legislative Council?

Ans. The composition of the State Legislative Council must not exceed one-third of the total strength of the State Assembly and must have a minimum of 40 members.