The Legislative Council, also known as the Vidhan Parishad, is the upper House of the State Legislature.
It exists only in States having a bicameral legislature.
Unlike the Legislative Assembly, the Legislative Council is:
The constitutional provisions relating to the Legislative Council are mainly found in:
Under Article 168, a State Legislature may consist of:
Governor + Legislative Assembly + Legislative Council
where the State has a bicameral legislature.
The Legislative Council is therefore the:
Upper House of the State Legislature
It is broadly comparable to the Rajya Sabha at the Union level, although their constitutional powers and composition are not identical.
The Legislative Council is:
Not compulsory for every State.
A State may have:
Therefore:
Legislative Assembly = Essential
Legislative Council = Optional
Parliament can create a Legislative Council in a State if the Legislative Assembly passes a special resolution.
The resolution must be passed by:
Both conditions must be satisfied.
The same constitutional process applies to abolition.
The State Legislative Assembly first passes the required special resolution.
Parliament may then pass a law to:
Abolish the Legislative Council
Therefore:
Article 169 → Creation OR Abolition
The Legislative Assembly does not itself create the Legislative Council.
The process is:
State Legislative Assembly
↓
Special Majority Resolution
↓
Parliament
↓
Law
↓
Creation / Abolition of Council
Therefore:
Assembly recommends → Parliament legislates
6. Constitutional Strength
Article 171
The total strength of the Legislative Council:
Cannot exceed one-third of the total strength of the Legislative Assembly
and:
Cannot be less than 40 members
Therefore:
Maximum → 1/3 of Assembly
Minimum → 40
7. Composition of Legislative Council
The Legislative Council has a mixed composition.
Members come from five categories:
Members elected by Legislative Assembly
Members elected by local authorities
Members elected by graduates
Members elected by teachers
Members nominated by Governor
The constitutional proportions are:
Category Proportion
Elected by MLAs 1/3
Elected by local authorities 1/3
Elected by graduates 1/12
Elected by teachers 1/12
Nominated by Governor 1/6
8. Members Elected by MLAs
One-third of the Council members are elected by:
Members of the Legislative Assembly
The election is conducted through:
Proportional Representation by means of Single Transferable Vote
These are not directly elected by the people.
9. Members Elected by Local Authorities
One-third of Council members are elected by electorates consisting of members of:
Municipalities
District Boards
Other local authorities as specified by Parliament
This provides:
Local Government Representation
10. Members Elected by Graduates
One-twelfth of Council members are elected by:
Graduates' constituencies
The relevant eligibility conditions for voters are prescribed by law.
This category provides representation to:
Educated and professional sections
11. Members Elected by Teachers
One-twelfth of Council members are elected by:
Teachers' constituencies
The electorate consists of eligible teachers according to the law.
This provides representation to:
Teaching community
12. Members Nominated by Governor
One-sixth of Council members are nominated by the:
Governor
The nominated members should have special knowledge or practical experience in:
Literature
Science
Art
Cooperative movement
Social service
The purpose is to bring:
Expertise + Experience
into the legislative process.
13. Method of Election
The elected members of the Legislative Council are chosen through:
Proportional Representation by means of Single Transferable Vote
This differs from the:
First-Past-the-Post
system normally used for direct Legislative Assembly elections.
14. Permanent Nature
The Legislative Council is a:
Permanent House
It cannot be dissolved.
Instead:
One-third of its members retire every two years.
This provides:
Continuity
Institutional memory
Stability
15. Term of Members
Each member of the Legislative Council normally serves for:
Six years
One-third of the members retire every two years.
Therefore:
Council = Permanent
but:
Members = Six-year term
16. Qualifications
Article 173
A person seeking election or nomination to the Legislative Council must satisfy constitutional qualifications.
Important requirements include:
Citizen of India
Minimum age of 30 years
Prescribed oath or affirmation
Other qualifications prescribed by Parliament
The minimum age is higher than that for Legislative Assembly membership.
17. Legislative Council vs Legislative Assembly — Age
Remember:
Assembly → 25 years
Council → 30 years
Easy memory:
Council = +5 years
18. Presiding Officer
Article 182
The Legislative Council elects:
Chairman
Deputy Chairman
The Chairman presides over the proceedings of the Council.
The Deputy Chairman performs the functions of the Chairman when required.
19. Voting
Questions in the Legislative Council are generally decided by:
Majority of members present and voting
The Chairman normally does not vote in the first instance.
In case of equality of votes, the Chairman has:
Casting vote
20. Quorum
The quorum for proceedings of the Legislative Council is:
10 members or one-tenth of the total membership, whichever is greater
Without the required quorum, the House cannot validly continue ordinary proceedings.
21. Legislative Powers
The Legislative Council participates in the law-making process.
It can:
Introduce ordinary Bills
Debate legislation
Suggest amendments
Review Bills passed by the Assembly
Participate in legislative committees
However:
Assembly is more powerful than Council
especially in financial matters.
22. Ordinary Bills
An ordinary Bill may originate in either House in a bicameral State.
The Council can:
Pass the Bill
Reject the Bill
Suggest amendments
Delay the Bill
However, the Council cannot permanently block an ordinary Bill passed by the Assembly.
The Constitution provides mechanisms through which the Assembly can ultimately prevail.
23. Legislative Council — Delay Power
The Council can delay an ordinary Bill for a limited period.
It can initially delay a Bill for:
Three months
If the Assembly passes the Bill again and sends it to the Council, the Council can delay it for:
One month
Thus, the maximum effective delay is:
Four months
The Council cannot exercise an absolute veto over ordinary legislation.
24. Money Bills
The Legislative Council has a very limited role in Money Bills.
A Money Bill:
Cannot originate in the Legislative Council.
It can originate only in the:
Legislative Assembly
After passage by the Assembly, the Bill is sent to the Council for recommendations.
The Council must return the Money Bill within:
14 days
The Assembly may:
Accept the recommendations
Reject the recommendations
If the Council does not return the Bill within 14 days:
The Bill is deemed to have been passed by both Houses in the form passed by the Assembly.
25. No Equal Financial Power
The Legislative Council does not have equal financial powers with the Assembly.
The Assembly has the dominant role in:
Money Bills
Demands for Grants
State financial control
The Council cannot vote on:
Demands for Grants
26. Council and Council of Ministers
The Council of Ministers is collectively responsible to the:
Legislative Assembly
not the Legislative Council.
Therefore:
Legislative Council cannot remove the State Government through a no-confidence motion.
27. Role as Revising Chamber
The main constitutional justification for a Legislative Council is that it provides:
Second-level legislative scrutiny
It can:
Review legislation
Suggest improvements
Provide additional debate
Bring experienced persons into legislative politics
Represent local authorities, teachers and graduates
Therefore:
Council = Revising + Deliberative Chamber
28. Advantages of Legislative Council
1. Additional Legislative Review
Bills receive another level of scrutiny.
2. Continuity
As a permanent House, it maintains institutional memory.
3. Diverse Representation
Teachers, graduates, local authorities and nominated experts receive representation.
4. Experienced Members
The Council can include people with expertise and experience who may not win direct elections.
5. Checks Hasty Legislation
The Council can provide additional time for reconsideration of legislation.
29. Criticism of Legislative Council
1. Additional Expenditure
Maintaining another House increases public expenditure.
2. Possible Political Appointments
The Council can sometimes become a route for political accommodation.
3. Legislative Delay
The Council can delay legislation, though it cannot permanently block ordinary Bills.
4. Question of Democratic Legitimacy
Most members are not directly elected by the entire electorate.
5. Duplication
Critics argue that the Council may duplicate the work of the Assembly.
30. Legislative Council — Democratic Debate
The existence of the Council reflects a debate between:
Majoritarian Democracy
and:
Deliberative Democracy
The Assembly provides direct democratic legitimacy.
The Council provides:
Continuity + Review + Wider Representation
The effectiveness of the Council therefore depends on whether it performs its intended deliberative role.
31. Legislative Council and Federalism
Article 169 provides institutional flexibility.
States can seek creation or abolition of a Legislative Council according to their political and constitutional circumstances.
However, Parliament has the final legislative role in creating or abolishing the Council.
This creates a balance between:
State Initiative + Parliamentary Authority
32. Legislative Council vs Rajya Sabha
Legislative Council Rajya Sabha
State level Union level
Article 169/171 Article 80
Optional Constitutional permanent House
Can be created/abolished Cannot be abolished as a House
1/3 members retire every 2 years 1/3 members retire every 2 years
Minimum age 30 Minimum age 30
Chairman is generally Vice-President? Vice-President is ex officio Chairman
Governor nominates 1/6 President nominates 12 members
Less powerful than Assembly Part of Parliament with wider constitutional role
33. Legislative Council vs Legislative Assembly
Feature Legislative Council Legislative Assembly
House Upper Lower
Nature Permanent Can be dissolved
Election Indirect + nomination Direct
Minimum age 30 25
Minimum strength 40 60 generally
Maximum strength 1/3 of Assembly 500 generally
Member term 6 years House term 5 years
Retirement 1/3 every 2 years Entire House may dissolve
Money Bill Limited role Dominant role
Demands for Grants Cannot vote Can vote
Executive responsibility Not responsible Government responsible to it
Presiding officer Chairman Speaker
34. UPSC Prelims Facts
Legislative Council is also called Vidhan Parishad.
It is the upper House of a bicameral State Legislature.
Article 169 deals with creation or abolition.
Article 171 deals with composition.
It is a permanent House.
It cannot be dissolved.
One-third of members retire every two years.
Each member normally has a six-year term.
Minimum age for membership is 30 years.
Maximum strength is one-third of Legislative Assembly strength.
Minimum strength is 40.
One-third are elected by MLAs.
One-third are elected by local authorities.
One-twelfth are elected by graduates.
One-twelfth are elected by teachers.
One-sixth are nominated by the Governor.
Elections use proportional representation by Single Transferable Vote.
Money Bills cannot originate in the Council.
Money Bills are sent to the Council for recommendations.
The Council has 14 days to return a Money Bill.
Council cannot vote on Demands for Grants.
Council of Ministers is collectively responsible to the Assembly, not Council.
Chairman and Deputy Chairman are elected by the Council.
35. UPSC Prelims Traps
Trap 1
"Legislative Council is directly elected."
False
It is indirectly elected and partly nominated.
Trap 2
"Legislative Council can be dissolved."
False
It is a permanent House.
Trap 3
"Governor nominates one-third of Council members."
False
Governor nominates:
One-sixth
Trap 4
"Graduates elect one-sixth."
False
Graduates elect:
One-twelfth
Trap 5
"Teachers elect one-sixth."
False
Teachers elect:
One-twelfth
Trap 6
"Legislative Council can introduce a Money Bill."
False
Money Bills can originate only in the Assembly.
Trap 7
"Council can permanently reject an ordinary Bill."
False
It can delay but cannot exercise an absolute veto.
Trap 8
"Council can vote on Demands for Grants."
False
Demands for Grants are voted by the Legislative Assembly.
Trap 9
"Council of Ministers is responsible to the Legislative Council."
False
It is collectively responsible to the Legislative Assembly.
Trap 10
"All Council members are elected."
False
One-sixth are nominated by the Governor.
36. Easy Memory Trick
Council Composition
1/3 → MLAs
1/3 → Local Authorities
1/12 → Graduates
1/12 → Teachers
1/6 → Governor
Council Basics
30 → Minimum Age
40 → Minimum Strength
1/3 → Maximum of Assembly Strength
6 → Member Term
2 → One-third Retire Every 2 Years
14 → Money Bill Period
Ordinary Bill Delay
3 months
+
1 month
=
4 months maximum delay
37. Article Map
168 → State Legislature
169 → Creation/Abolition of Legislative Council
171 → Composition of Legislative Council
172 → Duration
173 → Qualifications
182 → Chairman + Deputy Chairman
189 → Voting + Quorum
194 → Legislative Privileges
196–201 → Legislative Procedure
38. Mains Perspective
The Legislative Council represents an attempt to introduce:
Deliberative Federalism
into State-level law-making.
Its advantages include:
Legislative review
Continuity
Diverse representation
Institutional expertise
However, its critics point to:
Additional expenditure
Political patronage
Delays
Weak direct democratic legitimacy
Therefore, the debate should not simply be:
"Council — necessary or unnecessary?"
The better question is:
"Does the Council improve the quality of legislation and democratic deliberation?"
39. Reforms
The effectiveness of Legislative Councils can be improved through:
Stronger Deliberation
Increase substantive legislative debate.
Better Committee Work
Use committees for detailed scrutiny of Bills.
Transparent Nominations
Ensure Governor-nominated members genuinely satisfy constitutional criteria.
Reduced Political Patronage
Avoid using the Council merely as a route for political accommodation.
Greater Legislative Research
Provide members with stronger research and expert support.
40. Conclusion
The Legislative Council is designed as a:
Permanent + Revising + Deliberative House
It provides representation beyond direct territorial elections and introduces continuity and expertise into State law-making.
However, its constitutional value depends on its ability to provide genuine legislative scrutiny rather than merely duplicating or delaying the work of the Legislative Assembly.
The key constitutional balance is:
Assembly → Democratic Mandate
Council → Deliberation and Review
Together, they can strengthen:
Representative Government + Legislative Quality + Constitutional Democracy