LEGISLATIVE COUNCILS (VIDHAN PARISHADS)

Aug. 19, 2019

The Madhya Pradesh government has indicated that it plans to initiate steps towards creation of a Legislative Council. The ruling Congress is working on a resolution that will be presented in the next Assembly session.

About:

  • Constitution of India (Article 168 & 169) provides for bi-cameral legislatures in certain States.

  • Status: Legislative Council is the Upper House of State Legislature. Like the Rajya Sabha it is a permanent House i.e. not subject to dissolution.

  • Process of establishing it: Under Article 169, Union Parliament has the power to create or abolish the Legislative Council on the basis of resolutions adopted by special majority in the Assembly of the concerned State.

  • Strength: The maximum strength of the Legislative Council of State is fixed at one-third of strength of the Legislative Assembly of that State and not less than 40.

  • Present status: Currently, six states have Legislative Councils. Jammu and Kashmir too had one, until the state was bifurcated into the Union Territories of J&K and Ladakh.

Election of Council Members:

  • Elections to the State Legislative Councils are held under the system of proportional representation by means of the single transferable vote (Article 171).

  • One-third of the MLCs are elected by the state’s MLAs, another one-third by a special electorate comprising sitting members of local governments such as municipalities and district boards, 1/12th by an electorate of teachers and another 1/12th by registered graduates. The remaining members are appointed by the Governor for distinguished services in various fields.

  • Criteria for becoming a member:
    • Minimum age limit to be a member of Legislative Council is 30 years.

    • Council members are elected from those possessing special knowledge and experience in the field of Art, Science, Literature, Social Science and cooperative movement.



  • Tenure: Members are elected for a period of 6 years and one third members retire every second year.