Legislative Councils In India And Their Functions

Source: Indian Express
GS II: Indian Constitution- Parliament and State Legislatures, structure, functioning, conduct of business, power & privileges and issues arising out of these

Why in the News?

Elections to 28 seats across the Legislative Councils of Uttar Pradesh, Bihar, Maharashtra and Karnataka were held on October 23, 2026.

News in Brief

• Not all Indian states have a Legislative Council. States with bicameral legislatures have both a Legislative Assembly and a Legislative Council.
• Legislative Council elections differ from Assembly elections because only eligible voters from specified constituencies can elect Members of the Legislative Council (MLCs).
• Supporters consider Legislative Councils a platform for experienced individuals and specialized knowledge, while critics question their effectiveness and political independence.
• The creation or abolition of a State Legislative Council is governed by Article 169 of the Constitution.

What are Legislative Councils?

• India follows a bicameral system at the Union level, with the Lok Sabha and Rajya Sabha.
• At the State level, most states have a unicameral legislature consisting of only the Legislative Assembly.
• A few states have bicameral legislatures comprising;
  • Legislative Assembly (Vidhan Sabha): The lower house, directly elected by the people.
  • Legislative Council (Vidhan Parishad): The upper house, which represents different groups, including local authorities, graduates, teachers and nominated experts.
• Six states were mentioned in the context of having Legislative Councils; Telangana, Andhra Pradesh, Uttar Pradesh, Bihar, Maharashtra and Karnataka. However, the report’s reference to six states should not be treated as an exhaustive list of the current position without checking subsequent developments.

Historical Background

• The idea of Legislative Councils in India has roots in the colonial period.
• The Montagu-Chelmsford Reforms contributed to the development of legislative institutions and bicameral arrangements.
• The Government of India Act, 1935, provided for bicameral legislatures in certain provinces.
• Bengal began functioning with a Legislative Council in 1937,according to the historical account cited in the report.
• After Independence, the Constituent Assembly debated whether Legislative Councils should continue in the new democratic system.
• During the Constituent Assembly debates, some members questioned the need for a second chamber in the states.
• Critics argued that universal adult franchise gave the Legislative Assembly sufficient democratic legitimacy and that a second chamber could delay legislation or reproduce existing political interests.

Constitutional Provisions

Article 168- Constitution of State Legislatures

• Article 168 provides for the legislature of each state. Depending on the constitutional arrangement, a State legislature may consist of:
  • The Governor and the Legislative Assembly; or
  • The Governor, Legislative Assembly and Legislative Council.

Article 169- Creation or Abolition of Legislative Councils

• Parliament can create or abolish a Legislative Council in a state if the concerned Legislative Assembly passes a resolution;
  • By a majority of the total membership of the Assembly; and
  • By a majority of not less than two-thirds of the members present and voting.
• Parliament then passes a law to create or abolish the Council.
• A special majority in the State Legislative Assembly is required, but the final law is passed by Parliament.
• This procedure is not treated as a constitutional amendment under Article 368.

Article 171- Composition of Legislative Councils

• Article 171 provides for the composition of State Legislative Councils.
  • The total number of MLCs cannot exceed one-third of the total membership of the State Legislative Assembly.
  • The Council must have at least 40 members.
• The Constitution also specifies the broad categories through which members are elected or nominated.

Article 172- Duration

• A Legislative Council is a permanent body and is not dissolved.
• Approximately one-third of its members retire every two years.
• MLCs ordinarily serve a six-year term.

Article 173-Qualtification for Membership

• A person must satisfy the constitutional qualifications for membership of a State legislature, including Indian citizenship and the prescribed age requirement.
• For Legislative Council membership, the minimum age is 30 years.

How are members of Legislative Councils elected?

Article 171 provides for different categories of representation.

• The Governor nominates members with special knowledge or practical experience in fields such as literature, science, art, the cooperative representation by means of the single transferable vote.
• Legislative Council elections are not based on universal adult franchise.
• Different categories of voters elect members from their respective constituencies.

Functions and Powers of Legislative Councils

Legislative Functions

• Legislative Councils examine Bills passed by the Legislative Assembly and may suggest amendments.
• However, their powers are limited;
  • For ordinary Bills, the Council can delay passage but cannot permanently block legislation.
  • If the Council rejects or delays an ordinary Bill, the Assembly prevail through the Constitutional procedure.
  • There is no provision for a joint sitting of the two State Houses to resolve a legislative deadlock.

Financial Powers

• The Legislative Council has limited over Money Bills.
  • A Money Bill can be introduced only in the Legislative Assembly.
  • After the Assembly passes it, the Council can make recommendations within 14 days.
  • The Assembly may accept or reject those recommendations.
  • If the Council does not return the Bill within 14 days, it is deemed to have been passed by both Houses in the form approved by the Assembly.
• Thus, the Council cannot reject or permanently delay a Money Bill.

Deliberative Role

The Council provides an additional forum to examine legislation, debate public policies and raise issues affecting different sections of society.

Representation of Specialized Interests

Its composition allows representation of graduates, teachers, local authorities and individuals with expertise in selected fields.

Review of Legislation

As a revising chamber, the council can identify gaps, unintended consequences and drafting problems in legislation passed by the Assembly.

Why are Legislative Councils debated?

Arguments in favour

• Legislative Councils provide a platform for reviewing Bills and improving the quality of legislation.
• They enable the representation of experts and professionals from fields such as Science, literature, and social service, while also giving graduates, teachers and local authorities a voice in the legislative process.
• As permanent bodies, they ensure continuity even when the Legislative Assembly is dissolved.
• They also provide an additional form for informed debate on public policies and government decisions.

Arguments Against

• Legislative Councils increase public expenditure and may become a means of accommodating political leaders who have failed to win elections.
• Their limited legislative powers raise questions about their effectiveness, as the Legislative Assembly can ultimately prevail on most legislative matters.
• They may also delay the passage of Bills without necessarily improving their quality.
• Further, the fact that only some states have Legislative Councils raises concerns about whether their benefits justify the additional financial and administrative burden.

Legislative Councils as a Political Barometer

• Legislative Council elections can indicate the support enjoyed by political parties among specific voter groups, including teachers, graduates and representatives of local authorities.
• Their results may also reflect a party’s organizational strength and political position within a state ahead of major elections.
• However, these elections do not represent the preferences of the entire electorate, as voting is restricted to specified constituencies and eligible voter categories.
• In Tamil Nadu, the Legislative Council was abolished in 1986 under the AIADMK-led government.
• Subsequent efforts by the DMK to re-establish the Council did not succeed.

Way Forward and Conclusion

Legislative Councils should strengthen legislative scrutiny by examining Bills, reviewing public policies and promoting informed debate. Transparent nomination processes, the selection of members with relevant expertise and periodic assessments of their contribution can improve their effectiveness. Members should focus on constructive deliberation and representing diverse interests rather than political considerations.

Ultimately, the creation or continuation of Legislative Councils should depend on their contribution to democratic representation, legislative quality and accountable governance. A balance between their institutional benefits and financial costs is essential to ensure that they serve as effective revising chambers within India’s parliamentary democracy.

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