Legislative Councils in India

Source: The Indian Express; 24 October 2026

Why in the News?

·       Elections to 28 seats across the Legislative Councils of Uttar Pradesh, Bihar, Maharashtra and Karnataka were held recently. The elections brought attention to the composition, electoral process and constitutional significance of Legislative Councils in India.

·       Unlike elections to Legislative Assemblies, Legislative Council elections involve different categories of electors, including local authority representatives, graduates, teachers and MLAs. 

What Are Legislative Councils?

·       A Legislative Council, or Vidhan Parishad, is the upper house of a state's legislature. States having both a Legislative Assembly and a Legislative Council follow a bicameral legislative system.

·       Currently, six states have Legislative Councils: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Telangana and Andhra Pradesh. 

Constitutional Provisions

·       Article 169: Parliament can create or abolish a state's Legislative Council if the state's Legislative Assembly passes a resolution by a majority of its total membership and a two-thirds majority of members present and voting.

·       Article 171: Provides for the composition of Legislative Councils.

·       Article 172: A Legislative Council is a permanent body and cannot be dissolved.

·       Article 173: Prescribes qualifications for membership of a state legislature.

·       Article 182: Provides for the Chairman and Deputy Chairman of the Legislative Council.

·       Composition of the Legislative Council

·       Under Article 171, the total membership cannot exceed one-third of the State Legislative Assembly's membership and generally cannot be fewer than 40. 

Its composition is broadly as follows:

·       One-third: Elected by local authorities, such as municipalities and district boards.

·       One-twelfth: Elected by eligible graduates.

·       One-twelfth: Elected by eligible teachers with at least three years of teaching experience in specified institutions.

·       One-third: Elected by members of the Legislative Assembly.

·       Remaining one-sixth: Nominated by the Governor from persons with special knowledge or practical experience in literature, science, art, the cooperative movement and social service.

·       Elections use proportional representation through the single transferable vote system. 

Key Features and Powers

·       Permanent House: It cannot be dissolved; approximately one-third of its members retire every two years.

·       Tenure: Members serve six-year terms.

·       Minimum age: A candidate must be at least 30 years old.

·       Ordinary Bills: The Council can examine, suggest amendments to and delay legislation, but the Assembly ultimately prevails.

·       Money Bills: The Council cannot reject or amend a Money Bill. It must return the Bill with recommendations within 14 days, which the Assembly may accept or reject.

·       Executive accountability: Unlike the Legislative Assembly, the Council cannot remove the state government through a no-confidence motion.

Significance and Challenges

Significance:

·       Provides a second level of legislative scrutiny and deliberation.

·       Enables representation of teachers, graduates, local authorities and nominated experts.

·       Allows reconsideration of legislation and may improve legislative quality.

·       Provides continuity because it is a permanent chamber.

Challenges:

·       May increase public expenditure and administrative costs.

·       Can become a platform for political accommodation rather than specialised expertise.

·       Has limited powers compared with the Legislative Assembly.

·       Its utility and composition remain subjects of political debate.

Way Forward

Legislative Councils should strengthen their committee systems, conduct evidence-based scrutiny of Bills and make greater use of expert consultation. Transparent nominations, meaningful representation and regular performance reviews can improve their effectiveness.