State Legislative Council: Composition, Function, and Role

September 13, 2024 1520 0

Introduction

Legislative Council (Vidhan Parishad) of a state comprises not more than one-third of the total number of members in the legislative assembly of the state and in no case less than 40 members. Legislative councils are not subject to dissolution but one-third of their members retire every second year.

  • Article 169: Parliament can abolish a Legislative Council or create it if the legislative assembly of the concerned state passes a resolution by a Special Majority to that effect. 
  • This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Art. 368 and is passed like an ordinary piece of legislation (by Simple Majority).
  • Modification of Legislative Council: The 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.

 

Strength
  • Max Strength: 1/3rd of the total strength of the assembly.
  • Min Strength: 40
  • Members are indirectly elected.
  • The constitution has fixed the maximum and minimum limits, but actual strength is fixed by Parliament.
Manner of election Indirectly Elected-5/6: Of the total number of members of a legislative council are Indirectly elected (proportional representation by means of a single transferable vote):

  • 1/3: By the members of the local bodies like municipalities, district boards etc.
  • 1/3: By members of the Legislative Assembly.
  • 1/12: By graduates of three years standing & residing in the state.
  • 1/12: Teachers of three years standing in the state, not lower in standard than secondary school.
Nominated members 1/6 Nominated by the Governor having knowledge & experience in Cooperative Movement, Literature, Arts, Social Service, Science.
Duration
  • Continuing chamber (permanent body).
  • One-third of members retire after every 2nd year. So, a member continues as such for six years.
  • Eligible for re-election and re-nomination by the Governor

 

Conclusion

Legislative councils serve as upper houses in bicameral legislatures, their role in scrutinizing and refining laws complements the work of lower houses, enhancing the quality and effectiveness of the legislative process. Through diverse representation and deliberation, legislative councils contribute to balanced governance and the protection of democratic values.

 

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UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
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Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

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