Meaning and Constitutional Basis
The State Legislative Council (Vidhan Parishad) is the upper house of a bicameral legislature in certain Indian states. It is established under Article 168 of the Indian Constitution, which provides that a state legislature may consist of the Governor, Legislative Assembly (Vidhan Sabha), and Legislative Council (Vidhan Parishad). The Council is a permanent body, meaning it cannot be dissolved, but one-third of its members retire every two years. The creation or abolition of a Legislative Council is governed by Article 169, which empowers Parliament to act upon a resolution passed by the State Legislative Assembly with a special majority.
Composition and Legal Provisions
According to Article 171, the composition of the Legislative Council is partly elected and partly nominated. The total number of members in a Council cannot exceed one-third of the total strength of the Legislative Assembly, and not be less than 40. Members are elected through a special electoral process—one-third by local authorities, one-twelfth by graduates, one-twelfth by teachers, one-third by MLAs, and the rest nominated by the Governor for their expertise in literature, science, art, or social service. The tenure of a member is six years, ensuring continuity in legislative work.
Role and Importance
The State Legislative Council acts as a revising chamber, providing a forum for detailed debate and expert opinion. It ensures checks and balances on the decisions of the Legislative Assembly, improving the quality of legislation. However, since it has limited powers, particularly regarding money bills (where it can only make recommendations), it is often termed a deliberative body rather than an authoritative one. Still, it plays a vital role in providing representation to professionals and academics, ensuring a balanced democratic process at the state level.
Real-Time Example
Currently, only six Indian states have a Legislative Council — Andhra Pradesh, Karnataka, Maharashtra, Telangana, Bihar, and Uttar Pradesh. For instance, in Andhra Pradesh, the Legislative Council was abolished in 1985, reconstituted in 2007, and again debated for abolition in recent years. This shows how Article 169 allows flexibility for states to decide whether or not to have a bicameral legislature based on their political and administrative needs.
Mnemonic to Remember – “CCRRR”
C – Created under Article 168
C – Composition under Article 171
R – Reconstitution or abolition under Article 169
R – Revising chamber with limited powers
R – Representation of educated and professional groups
The mnemonic “CCRRR” helps remember that the State Legislative Council deals with Creation, Composition, Reconstitution, Revision, and Representation — the five key pillars of its constitutional purpose.
About lawgnan:
Discover the State Legislative Council (Vidhan Parishad) under Article 168 of the Indian Constitution on Lawgnan.in. Understand how this upper house in select Indian states functions as a revising chamber, ensuring checks and balances within the legislative process. Learn about its composition under Article 171, its creation or abolition under Article 169, and its crucial role in representing teachers, graduates, and experts in public service. Ideal for law students, UPSC aspirants, and judiciary candidates, this article simplifies the constitutional framework, purpose, and significance of bicameralism at the state level.
