Part VI - The States • Article

Article 171 Simplified: Composition of the Legislative Councils

Governs the composition and size of State Legislative Councils (Vidhan Parishads). The total membership of a Council cannot exceed one-third of its Legislative Assembly strength, and cannot be less than 40. Members are indirectly chosen through local bodies, graduates, teachers, MLAs, and nominations by the Governor.

Official Text

(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed [one-third] of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty. (2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3). (3) Of the total number of members of the Legislative Council of a State— (a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify; (b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university; (c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament; (d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly; (e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5). (4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote. (5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:— Literature, science, art, co-operative movement and social service.

Simple Meaning

Explain Like Ten

It explains how a state's second lawmaking house (the Council) is set up, specifying that it cannot be larger than one-third of the main Assembly, and its members are chosen by local bodies, graduates, teachers, and the Governor.

Student Mode

Prescribes the composition and strength of Legislative Councils (minimum 40, maximum 1/3 of the Assembly) and outlines the proportional representation system using single transferable votes for selecting its members.

Example

If Maharashtra's Legislative Assembly has 288 members, its Legislative Council cannot exceed 96 members (1/3 of 288). In practice, its Council has 78 seats, which are filled by local representatives, graduates, teachers, and Governor nominees.

Key Takeaway

Legislative Councils are limited to one-third of Assembly strength (minimum 40) and are composed of indirectly elected and nominated members representing local groups, graduates, and professionals.

FAQs

What is the maximum and minimum strength of a Legislative Council?

The maximum strength is one-third of the total members of the State's Legislative Assembly, and the absolute minimum is 40 members.

How is the electorate of the Legislative Council structured?

Roughly: 1/3 elected by local bodies (municipalities, district boards), 1/12 by graduates of 3+ years, 1/12 by secondary school teachers of 3+ years, 1/3 by the Legislative Assembly (MLAs), and the remaining 1/6 nominated by the Governor.

What qualifications must the Governor's nominees in the Legislative Council possess?

They must have special knowledge or practical experience in literature, science, art, co-operative movement, or social service.

What election method is used for Legislative Councils?

Elections are held in accordance with the system of proportional representation by means of the single transferable vote (STV).

Quiz

What is the maximum allowable strength of a State Legislative Council?

Answer: One-third of the Legislative Assembly

What fraction of Legislative Council members is nominated by the Governor?

Answer: 1/6

Which of the following fields is unique to the Governor's nominations under Article 171 compared to the President's nominations to Rajya Sabha?

Answer: Co-operative movement

What is the minimum number of members a Legislative Council can have?

Answer: 40