State Legislative Council

Context: Recently Karnataka held State Legislative Council elections where 11 candidates got elected unopposed.

About State Legislative Councils:

The State legislature may have unicameral system or bicameral system, in bicameral system, the State legislature consists of both State Legislative Assembly and State Legislative Council.
At present, six states have two Houses (bicameral). These are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka.

Articles 168 to 212 in Part VI of the Constitution deal with the organization, composition, duration, officers, procedures, privileges, powers etc. of the state legislature.
Article 169 provides for the abolition or creation of legislative councils in states. Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect.
Such a specific resolution must be passed by the state assembly by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.
This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (i.e., by simple majority).

Composition of State Legislative Council:

Nature of election: Unlike the members of the legislative assembly, the members of the legislative council are indirectly elected.
Strength: The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40. It means that the size of the council depends on the size of the assembly of the concerned state.
This is done to ensure the predominance of the directly elected House (assembly) in the legislative affairs of the state. Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.

Of the total number members of a legislative council:
- 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,
- 1/12 are elected by graduates of three years standing and residing within the state,
- 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,
- 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly, and
- Remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement, and social service.
Thus, 5/ 6 of the total number of members of a legislative council are indirectly elected and 1/ 6 are nominated by the governor. The members are elected in accordance with the system of proportional representation by means of a single transferable vote.
This scheme of composition of a legislative council as laid down in the Constitution is tentative and not final. The Parliament is authorized to modify or replace the same. However, it has not enacted any such law so far.

PYQ 2015:

Q. Consider the following statements:

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

Which of the statements given above is/are correct?

(a). 1 only

(b). 2 only

(c). Both 1 and 2

(d). Neither 1 nor 2

Ans: (d) Neither 1 nor 2

Practice MCQ:

Q. Consider the following statements with reference to State Legislative Councils:

The act of abolition or creation of State Legislative Councils is considered as an amendment to the constitution under Article 368.
While the Constitution of India has fixed the upper limit of membership, the lower limit is fixed by the Parliament.
The elections to State Legislative Councils are held in accordance with the system of proportional representation by means of a single transferable vote.

How many of the statements given above is/are correct?

(a) Only one

(b) Only two

(c)All three

(d)None

Answer: (a) Only one

Explanation: Only Statement 3 is correct.

Statement 1 is incorrect: Article 169 deals with abolition or creation of State Legislative Councils. The Act of Parliament to create a State Legislative Council is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (i.e., by simple majority).
Statement 2 is incorrect: The Constitution of India Under Article 171 has fixed both the upper limit and lower limit of the State Legislative Councils, however, the actual strength of a Council is fixed by Parliament.
Statement 3 is correct: The elections to State Legislative Councils are held in accordance with the system of proportional representation by means of a single transferable vote.