NEWS: Elections to Legislative Council seats in UP, Bihar, Maharashtra and Karnataka have highlighted the role of the upper house in state legislatures.

KEY FACTS

• Legislative Council: Upper House of a State Legislature.
• Bicameral Legislature: Two Houses → Vidhan Sabha + Vidhan Parishad.
• States with Councils (6): UP, Bihar, Maharashtra, Karnataka, Telangana + Andhra Pradesh.
• Purpose: Reviews Bills + provides additional discussion and expert opinions.
• Nature: Permanent House → not dissolved; 1/3 members retire every 2 years.
• Term: 6 years.
• Minimum age: 30 years for MLCs (25 years for MLAs).

CONSTITUTIONAL PROVISIONS

• Article 169: Parliament can create or abolish a Legislative Council.
• State Assembly must pass a resolution by:
  • Majority of total membership.
  • 2/3 majority of members present and voting.
  • No constitutional amendment under Article 368 is required.
• Article 171: Deals with the composition of Legislative Councils.
• Maximum strength: 1/3 of the State Assembly.
• Minimum strength: Generally 40 members.

COMPOSITION – ARTICLE 171

Membersà Method of selection

• 1/3à Elected by local authorities
• 1/12à Elected by graduates
• 1/12à Elected by teachers
• 1/3à Elected by MLAs
• 1/6à Nominated by Governor
• Elections use Proportional Representation by Single Transferable Vote (STV).
• Governor nominates experts in literature, science, art, cooperative movement + social service.

POWERS AND LIMITATIONS

• Can review and suggest changes to ordinary Bills.
• Cannot permanently block an ordinary Bill passed by the Assembly.
• Cannot reject a Money Bill.
• Has less power than the Legislative Assembly.

SIGNIFICANCE

• Provides experienced voices in law-making.
• Prevents hasty legislation through further discussion.

Represents graduates, teachers and local authorities