Legislative Councils

Why in News?

Elections to 28 seats across the Legislative Councils of Uttar Pradesh, Bihar, Maharashtra and Karnataka were held on October 23, 2026. These elections highlight the distinctive composition and electoral system of the Legislative Council, the upper house of a state legislature.

About the Legislative Council

• The Legislative Council is the upper house of a state legislature; the Legislative Assembly (Vidhan Sabha) is the lower house.
• India has a bicameral state legislature in six states: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Telangana and Andhra Pradesh.
• Unlike Assembly elections, Legislative Council elections do not involve universal adult suffrage for all seats. Different categories of members are elected by specified electorates, while some are nominated by the Governor.

Constitutional Provisions

Article 169 — Creation or abolition

• Parliament can create or abolish a state’s Legislative Council by law.
• First, the concerned State Legislative Assembly must pass a resolution:
  • By a majority of its total membership, and
  • By a majority of not less than two-thirds of members present and voting.
• Parliament then passes a law to give effect to the proposal.

Article 171 — Composition

• The total strength of a Legislative Council cannot exceed one-third of the State Legislative Assembly’s membership.
• It cannot ordinarily have fewer than 40 members.

Composition of the Legislative Council

Under Article 171, members are selected through the following categories:

Category	Share of total membership
Elected by members of municipalities, district boards and other local authorities	One-third
Elected by graduates meeting the prescribed eligibility conditions	One-twelfth
Elected by teachers meeting the prescribed eligibility conditions	One-twelfth
Elected by members of the State Legislative Assembly	One-third
Nominated by the Governor	Remainder

Governor’s nominations: The Governor nominates members having special knowledge or practical experience in fields such as literature, science, art, the cooperative movement and social service.

Electoral method: Elections to the Legislative Council are held through proportional representation by means of the single transferable vote (STV).

Eligibility for Graduate and Teacher Constituencies

• Graduate constituency: Electors must meet the constitutional and statutory conditions, including the prescribed period of at least three years as graduates or equivalent qualifications.
• Teacher constituency: Electors must meet the prescribed teaching-service conditions, including at least three years of teaching in qualifying educational institutions within the State.
• These constituencies have specific electoral rolls; they are not open to every adult citizen.

Legislative Council’s Role in Passing Bills

• The Legislative Assembly has the stronger position when an ordinary Bill is passed between the two Houses.
• If the Council rejects a Bill, fails to pass it within three months, or proposes amendments unacceptable to the Assembly, the Assembly may pass it again and send it back.
• If the Council again rejects the Bill, fails to pass it within one month, or proposes unacceptable amendments, the Bill is deemed passed in the form approved by the Assembly for the second time, including any amendments agreed to by both Houses.
• Money Bills: The Legislative Council has a limited role and cannot prevent the Assembly from passing a Money Bill. It may make recommendations within 14 days, which the Assembly may accept or reject.

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