The Legislative Council, also known as the Vidhan Parishad, is the permanent upper House of a State Legislature.
Its composition is governed primarily by Article 171 of the Constitution.
Unlike the Legislative Assembly, whose members are directly elected by the people, the Legislative Council has a mixed composition consisting of elected and nominated members.
The Council represents different sections and institutions of society through:
The composition of the Legislative Council is primarily governed by:
Article 171
Other relevant provisions include:
The Constitution provides two limits for the strength of the Legislative Council.
The Council cannot have more than:
One-third of the total strength of the Legislative Assembly
The Council cannot have fewer than:
40 members
Therefore:
Maximum → 1/3 of Assembly strength
Minimum → 40
Suppose a State has:
300 Assembly members
One-third of 300 is:
100
Therefore, the Legislative Council can have a maximum of:
100 members
If one-third of the Assembly strength is less than 40, the constitutional minimum of 40 applies, subject to the applicable legal framework.
The Legislative Council has five categories of representation:
Legislative Council
↓
┌──────┼────────┬────────┬────────┐
↓ ↓ ↓ ↓ ↓
MLAs Local Graduates Teachers Governor
Bodies
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
5. Members Elected by Legislative Assembly
One-third of the members are elected by:
Members of the Legislative Assembly
These members are not elected directly by the general electorate.
The election is conducted through:
Proportional Representation by means of Single Transferable Vote
This provides representation through the elected Assembly.
6. Members Elected by Local Authorities
One-third of the members are elected by electorates consisting of members of:
Municipalities
District Boards
Other local authorities specified by Parliament
This category provides:
Local Government Representation
The exact composition of the electorate is governed by law.
7. Members Elected by Graduates
One-twelfth of the members are elected by:
Graduates' constituencies
The Constitution provides for representation through persons who satisfy the prescribed educational and other legal conditions.
This category brings representation from sections with:
Graduate-level educational qualifications
8. Members Elected by Teachers
One-twelfth of the members are elected by:
Teachers' constituencies
The electorate consists of eligible teachers as prescribed by law.
This provides representation to:
The teaching community
9. Members Nominated by Governor
One-sixth of the 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:
Experience + Expertise
into the legislative process.
10. Why Governor Nominates Members
The nomination category allows people with specialised knowledge or practical experience to enter the legislative process even if they do not emerge through electoral politics.
It is intended to enrich:
Legislative debate
Policy discussion
Expert representation
Institutional experience
11. Method of Election
The elected members of the Legislative Council are chosen through:
Proportional Representation by means of Single Transferable Vote
This method applies to the elected categories of Council members.
The Governor-nominated members are not elected.
12. Permanent Nature
The Legislative Council is a:
Permanent House
It cannot be dissolved.
However, its membership changes gradually.
Retirement
One-third of members retire every two years.
Term
Each member normally serves:
Six years
Therefore:
Council → Permanent
Member → Six-year term
13. Qualifications
Article 173
A person seeking membership of the Legislative Council must:
Be a citizen of India
Be at least 30 years old
Make the prescribed oath or affirmation
Satisfy other qualifications prescribed by Parliament
The minimum age is:
30 years
This is higher than the minimum age of 25 years for the Legislative Assembly.
14. Legislative Council vs Legislative Assembly — Composition
Feature Legislative Council Legislative Assembly
House Upper House Lower House
Election Indirect + nomination Direct
Minimum age 30 25
Minimum strength 40 60 generally
Maximum strength 1/3 of Assembly 500 generally
Nature Permanent Temporary
Member term 6 years House term 5 years
Retirement 1/3 every 2 years House may dissolve
Presiding officer Chairman Speaker
15. Representation Formula
The most important Prelims formula is:
1/3 → Members of Legislative Assembly
1/3 → Local Authorities
1/12 → Graduates
1/12 → Teachers
1/6 → Governor's Nominees
Quick Memory
MLA + Local = 2/3
Graduates + Teachers = 1/6
Governor = 1/6
Total:
2/3 + 1/6 + 1/6 = 1
16. Why Mixed Representation?
The mixed composition is intended to make the Council different from the directly elected Assembly.
The Assembly represents:
Direct popular mandate
The Council represents:
Institutional + professional + expert + local representation
Therefore:
Assembly → Direct Democracy
Council → Broader Deliberation
17. Role of Local Authorities
Representation through local authorities creates a link between:
State Legislature
and:
Local Government Institutions
It gives local bodies an institutional voice in State-level legislation.
18. Role of Graduates and Teachers
The graduates' and teachers' constituencies provide representation to specific professional and educational groups.
Their inclusion reflects the constitutional objective of creating a chamber with:
Broader social and professional representation
19. Role of Nominated Members
Governor-nominated members can bring expertise that may not always be available through electoral politics.
The constitutional categories include:
Literature
Science
Art
Cooperative movement
Social service
This makes the Council potentially useful as an:
Expert and deliberative chamber
20. Constitutional Purpose of the Composition
The composition seeks to balance:
Democratic Representation
Through members elected by MLAs and local authorities.
Professional Representation
Through teachers and graduates.
Expert Representation
Through Governor-nominated members.
Institutional Continuity
Through the Council's permanent nature.
21. UPSC Prelims Facts
Article 171 deals with the composition of Legislative Councils.
The Council cannot have more than one-third of the Assembly's strength.
The Council cannot have fewer than 40 members.
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.
Elected members are chosen through proportional representation by Single Transferable Vote.
Governor-nominated members are not elected.
The Council is a permanent House.
One-third of members retire every two years.
Each member normally serves six years.
Minimum age for Council membership is 30 years.
The Council is not directly elected by the entire population of the State.
22. UPSC Prelims Traps
Trap 1
"All Legislative Council members are directly elected."
False
The Council has indirect elections and nominations.
Trap 2
"Governor nominates one-third of the Council."
False
Governor nominates:
One-sixth
Trap 3
"Graduates elect one-sixth."
False
Graduates elect:
One-twelfth
Trap 4
"Teachers elect one-sixth."
False
Teachers elect:
One-twelfth
Trap 5
"MLAs elect one-half."
False
MLAs elect:
One-third
Trap 6
"Council can have more than one-third of Assembly strength."
False
One-third is the constitutional maximum.
Trap 7
"Council has a minimum strength of 60."
False
Minimum is:
40
Trap 8
"Council members have a five-year term."
False
Each member normally has:
Six years
Trap 9
"One-third of Council members are elected every two years."
False
One-third:
Retire every two years
They are not newly elected as a single block every two years.
Trap 10
"Governor can nominate anyone of their choice."
False
The nominated members should have special knowledge or practical experience in the constitutionally specified fields.
23. Quick Revision Table
Category Share Method
MLAs 1/3 Election by MLAs
Local Authorities 1/3 Election by local authorities
Graduates 1/12 Election by graduates' electorate
Teachers 1/12 Election by teachers' electorate
Governor 1/6 Nomination
24. Article Memory
168 → State Legislature
169 → Creation/Abolition of Council
170 → Assembly Composition
171 → Council Composition
172 → Duration
173 → Qualifications
182 → Chairman + Deputy Chairman
189 → Voting + Quorum
194 → Legislative Privileges
The key article for this topic is:
Article 171 = Composition of Legislative Council
25. Mains Perspective
The composition of the Legislative Council reflects an attempt to create a chamber that is broader than direct electoral representation.
It combines:
Popular Representation
with:
Local Representation
Professional Representation
and:
Expert Representation
This can improve legislative deliberation when members contribute meaningful expertise and independent perspectives.
However, concerns may arise regarding:
Limited direct electoral legitimacy
Political nominations
Political accommodation
Relevance of some electorates
Cost of maintaining a second chamber
26. Reform Perspective
The effectiveness of the Council's composition can be improved through:
Transparent Nominations
Governor-nominated members should genuinely meet the constitutional criteria.
Meaningful Representation
Council constituencies should contribute substantively to legislative deliberation.
Stronger Committees
Members should participate actively in legislative scrutiny.
Expert Support
Independent legislative research can improve the quality of debate.
Reduced Political Patronage
The Council should not become merely a mechanism for accommodating political leaders.
27. Final Takeaway
The Legislative Council has a deliberately mixed composition:
1/3 → MLAs
1/3 → Local Authorities
1/12 → Graduates
1/12 → Teachers
1/6 → Governor's Nominees
Its composition is designed to provide:
Representation + Expertise + Continuity + Deliberation
The core constitutional idea is:
The Legislative Assembly represents the direct democratic mandate, while the Legislative Council provides broader institutional and deliberative representation.