TheState Legislative Council, also known as theVidhan Parishad or theSaasana Mandali, is theupper house in those states ofIndia that have abicameralstate legislature; thelower house being theState Legislative Assembly. Its establishment is defined in Article 169 of theConstitution of India.
Only 6 out of28 states have a Legislative Council. These areAndhra Pradesh,Bihar,Karnataka,Maharashtra,Telangana, andUttar Pradesh.[1] Nounion territory has a legislative council.
An MLC, or Member of a State Legislative Council,[2] must be acitizen of India, at least 30 years old,mentally sound, not aninsolvent, and must be an enrolled voter of the state. A member may not be aMember of Parliament andMember of the State Legislative Assembly at the same time. A member must not hold any office of profit under the Government of India or the Government of any state.
The tenure of the MLCs is six years. One-third of the members of State Legislative Council retire after every two years. This arrangement parallels that for theRajya Sabha, the upper house of theParliament of India.[1]
The size of the State Legislative Council cannot be more than one third of the membership of the State Legislative Assembly. However, its size cannot be less than 40 members. These members elect the chairman and Deputy Chairman of the State Legislative Council.
MLCs are chosen in the following manner:[1]
According to the Article 169 of the Constitution of India, the Parliament of India can create or abolish the State Legislative Council of a state if that state's legislature passes a resolution for that with a special majority. As of 9 January 2024, 6 out of the 28 states have State Legislative Council.[1]
The existence of a State Legislative Council has proven politically controversial. A number of states that have had their Legislative Council abolished have subsequently requested its re-establishment; conversely, proposals for the re-establishment of the Legislative Council for a state have also met with opposition. Proposals for abolition or re-establishment of a state's Legislative Council require confirmation by theParliament of India.
The Constitution of India gives limited power to the State Legislative Council. The State Legislative Council can neither form ordissolve astate government. The State Legislative Council also have no role in the passing ofmoney bills. Further per Article 197, the Legislative Assembly of a State has overriding powers over its Legislative Council, in that where any bill passed by the Assembly is rejected by the Council but is passed again by the Assembly with or without any amendments suggested by the Council, the bill is deemed to have been passed by both the houses in the manner that it is passed by the Assembly for the second time. But some of the powers it has is that the chairman and Deputy Chairman of the State Legislative Council enjoy the same status ofCabinet Ministers in the state.[1]
| Legislative Council | Seat(s) | House strength[3] | Ruling party | |||
|---|---|---|---|---|---|---|
| Elected | Nom. | Total | ||||
| Andhra Pradesh | Amaravati | 50 | 8 | 58 | Telugu Desam Party | |
| Bihar | Patna | 63 | 12 | 75 | Janata Dal | |
| Karnataka | Bengaluru(summer) Belagavi(winter) | 64 | 11 | 75 | Indian National Congress | |
| Maharashtra | Mumbai(summer) Nagpur(winter) | 66 | 12 | 78 | Bharatiya Janata Party | |
| Telangana | Hyderabad | 34 | 6 | 40 | Indian National Congress | |
| Uttar Pradesh | Lucknow | 90 | 10 | 100 | Bharatiya Janata Party | |
| Total | — | 367 | 59 | 426 | — | |
| Ruling party | States/UTs | |
|---|---|---|
| NDA (4)[4] | ||
| Bharatiya Janata Party | 2 | |
| Telugu Desam Party | 1 | |
| Janata Dal | 1 | |
| INDIA (2)[5] | ||
| Indian National Congress | 2 | |
TheBharatiya Janata Party-ledNational Democratic Alliance is in power in 4 legislative councils; theIndian National Congress-ledIndian National Developmental Inclusive Alliance is in power in 2 legislative councils; and 30 other states/union territories do not have a legislative council.
| Council | Seat(s) | House strength | Years active | Abolished by |
|---|---|---|---|---|
| Assam Legislative Council | Shillong | 21-22 | 1935-1947 | India (Provincial Legislatures) Order, 1947 |
| Bombay Legislative Council | Bombay | 78 | 1861–1960 | Bombay State Reorganisation Act, 1960 |
| Jammu and Kashmir Legislative Council | Srinagar(summer) Jammu(winter) | 36 | 1957–2019 | Jammu and Kashmir Reorganisation Act, 2019 |
| Madhya Pradesh Legislative Council | Bhopal | 90 | – | [a] |
| Punjab Legislative Council | Chandigarh | 39 | 1952–1969 | Punjab Legislative Council (Abolition) Act, 1969 |
| Tamil Nadu Legislative Council | Chennai | 78 | 1861–1986 | Tamil Nadu Legislative Council (Abolition) Act, 1986 |
| West Bengal Legislative Council | Kolkata | 98 | 1952–1969 | West Bengal Legislative Council (Abolition) Act, 1969 |
There are currently 4 proposals for creation of Legislative Councils:[7]
The State Legislative Councils are criticised for being unnecessary. It is considered a burden on thestate budget and cause delays in passing legislation.[1] State legislative council helps the defeated leaders to get a seat in thestate legislature. This reduces the feeling of democracy, since the leaders are elected indirectly. These are the reasons why most of the states don't prefer legislative councils.
Other states support the establishment of legislative councils, arguing that they represent thelocal governments and also give voice to people having expertise in various fields (through Gubernatorial nominations).
| Parliament of India | |||||
|---|---|---|---|---|---|
| State Legislative Council |
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| State Legislative Assembly |
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| British Raj | |||||
