Legislative Council

Legislative Council

  • Article 169 of the Constitution of India provides for the establishment of a Vidhan Parishad.
  • Legislative Council or Vidhan Parishad is the upper house in bicameral legislatures in some states of India.
  • While most states have unicameral legislature with only legislative assembly, currently, seven states viz. Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have legislative councils.
  • They are elected by local bodies, legislative assembly, governor, graduates, teacher, etc.
  • The members are known as Members of Legislative Councils (MLCs).
  • Legislative council is a permanent body (term 6 years) & not subjected to dissolution.
  • After every 2 years, 1/3rd of its members retire.

Establishing Councils:

  • Power of abolition or creation of Legislative council lies with the Parliament.
  • To set up the council, the legislative assembly of state must pass a resolution by a majority of total membership & not less than 2/3rd of the members of the assembly present & voting.
  • However, a resolution passed by legislative assembly of state for creation or abolition of its council is not binding on the Parliament. Parliament may or may not approve the resolution with simple majority.

Membership Qualification

  • Must be citizen of India
  • Must be of 30 years of age for Legislative Council
  • Must not hold any office of profit
  • Must not be of unsound mind
  • If a situation arises for disqualification of a member, Decision of Governor shall be final (Governor must obtain opinion of election commission of India prior to action)