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Alegislative council is thelegislature, or one of thelegislative chambers, of anation,colony, orsubnational division such as aprovince orstate. It was commonly used to label unicameral or upper house legislative bodies in the British (former) colonies. However, it has also been used as designation in other (non-Commonwealth) nations. A member of a legislative council is commonly referred to as an MLC.
A legislative council was generally the first legislative body of a British colony, with members who were all appointed by the viceregal representative (who also presided over the council). Gradually, with the passage of time and increasing levels of self-governance, legislative councils were supplemented by a lower, elected chamber (often called alegislative assembly orhouse of assembly). This resulted in either the abolition of the council to form a unicameral and wholly elected legislature (as done inNew Zealand in 1951,Southern Rhodesia in 1923,Singapore in 1955 andCeylon in 1931) or thedemocratisation of and a gradual decrease in powers exercised by the council, as done inIndia in 1919 and in Australian states throughout the twentieth century.
In the United States, a legislative council has a different connotation, and means acouncil within a legislature which supervises nonpartisan support staff.
In theBritish Empire, the authority under which legislative councils have been constituted has varied: some under theroyal prerogative, others by acts ofparliament, and some bycommission androyal instructions.[1]
| Country | Body | Type | Established | Notes |
|---|---|---|---|---|
| Legislative Council | Unicameral | 1959 | Suspended in 1984, reconvened in 2004 | |
| Legislative Council | Unicameral | 1843 | Established under theBritish Hong Kong era;Provisional Legislative Council 1997–98 | |
| Legislative Council | Upper House | |||
| Legislative Council | Unicameral | 1996 | ||
| Legislative Council | Unicameral |
In India, theVidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures.
| Country | Region | Body | Type | Established | Notes |
|---|---|---|---|---|---|
| New South Wales | Legislative Council | Upper House | 1824 | Unicameral until 1856 | |
| South Australia | Legislative Council | Upper House | 1840 | Unicameral until 1857 | |
| Tasmania | Legislative Council | Upper House | 1825 | Unicameral until 1856 | |
| Victoria | Legislative Council | Upper House | 1851 | Unicameral until 1856 | |
| Western Australia | Legislative Council | Upper House | 1832 | Unicameral until 1890 | |
| Andhra Pradesh | Legislative Council | Upper House | 1958 | Abolished between 1985 and 2007 | |
| Bihar | Legislative Council | Upper House | 1912 | Unicameral until 1920 | |
| Karnataka | Legislative Council | Upper House | 1956 | ||
| Maharashtra | Legislative Council | Upper House | 1960 | ||
| Telangana | Legislative Council | Upper House | 2014 | ||
| Uttar Pradesh | Legislative Council | Upper House | 1935 | ||
| Zulia | Legislative Council | Unicameral | 1864 |
| Country | Body | Type | Established | Disestablished | Notes |
|---|---|---|---|---|---|
| Legislative Council | Unicameral | 1947[2] | |||
| Legislative Council | Unicameral | Established under instructions to the governor | |||
| Legislative Council | Unicameral | 1841[3] | Letters patent | ||
| Legislative Council | Unicameral | 1963[4] | Established under instructions to the governor | ||
| Basutoland | Legislative Council | Unicameral | 1960[5] | Established under instructions to the governor | |
| Legislative Council | Unicameral | 1961 | 1965 | ||
| Legislative Council | Bicameral | 1612 | 1980 | Originally a single thirteen-member Council combined Executive (cabinet) and Legislative functions. Established underRoyal Charters to theLondon Company in 1606, 1609, and 1612, and to theSomers Isles Company in 1615, transmitted via theGovernor. Elected lowerHouse of Assembly held first session in 1620, with Council becoming upper house. The Council split in 1888 into anExecutive Council and a Legislative Council. Colonial legislature was updated to theWestminster system in 1968. Executive Council was renamed the Cabinet in 1973, and is now formed from Members of the majority party in the House of Assembly. Legislative Council was renamed theSenate of Bermuda in 1980, and is now composed of five Members recommended by the Premier, three by the Leader of the Opposition, and three by the Governor acting in his own discretion, all appointed by the Governor.[6] | |
| Legislative Council | Unicameral | 1867 | 1871 | ||
| Legislative Council | Unicameral | 1928 | 1961 | Established by an act of parliament; abolished between 1953 and 1954. | |
| Legislative Council | Unicameral | 1853[3] | Established under instructions to the governor | ||
| Imperial Legislative Council | Bicameral | 1861 | 1947 | Unicameral until 1920 | |
| Legislative Council | Unicameral | 1867[3] | 2007 | ||
| Legislative Council | Unicameral | 1897 | 1936 | ||
| Legislative Council | Unicameral | 1833 | 1931 | Established under the prerogative | |
| Legislative Council | Unicameral | Established under the prerogative | |||
| Legislative Council | Unicameral | 1832[3] | Established by an act of parliament | ||
| Legislative Council | Unicameral | 1845 | 2009 | Established under the British Settlements Act, 1843 | |
| Legislative Council | Unicameral | Established under the prerogative | |||
| Legislative Council | Unicameral | 1843[3] | Established under the British Settlements Act, 1843 | ||
| Legislative Council | Unicameral | 1950 | 1969 | ||
| Legislative Council | Unicameral | Established under the British Settlements Act, 1843 | |||
| Legislative Council | Unicameral | 1866[3] | |||
| Legislative Council | Unicameral | 1907 | 1963 | Established under the British Settlements Act, 1843 | |
| Legislative Council | Upper House | 1791 | 1841 | ||
| Federal Legislative Council | Unicameral | 1948 | 1957 | ||
| Legislative Council | Unicameral | Established under the prerogative | |||
| Legislative Council | Unicameral | 1934 | 1945 | Puppet state of theEmpire of Japan | |
| Legislative Council | Unicameral | 1922 | 1923 | ||
| Legislative Council | Unicameral | Established under the prerogative | |||
| Legislative Council | Unicameral | 2011 | Established under instructions to the governor | ||
| Legislative Council | Upper House | 1841 | 1950 | Unicameral until 1853 | |
| Legislative Council | Upper House | 1833 | 1934 | ||
| Legislative Council | Unicameral | Established under the prerogative | |||
| Legislative Council | Unicameral | Established under the Foreign Jurisdiction Act, 1843 | |||
| Legislative Council | Unicameral | 1907 | Established under the Foreign Jurisdiction Act, 1843 | ||
| Legislative Council | Unicameral | 1951 | 1963 | ||
| Legislative Council | Unicameral | 1963 | 1972 | Became theLegislative Assembly | |
| Legislative Council | Unicameral | 1922 | 1972 | Abolished between 1926 and 1955 | |
| Legislative Council | Upper House | 1841 | 1867 | ||
| Legislative Council | Consultative | 1923 | 1948 | Established under Article 76 of the1923 Constitution and retained under Article 72 of the1938 Constitution | |
| Legislative Council | Unicameral | 1832[3] | Established under instructions to the governor | ||
| Legislative Council | Unicameral | 1832 | 1967[7] | Established under the prerogative | |
| Legislative Council | Unicameral | Established by an act of parliament | |||
| Legislative Council | Unicameral | 1962 | 1970 | Established under the prerogative | |
| Legislative Council | Unicameral | Established under the British Settlements Act, 1843 | |||
| Legislative Council | Unicameral | 1960 | 1970 | ||
| Legislative Council | Unicameral | 1898 | 1923 | Established under the prerogative | |
| Legislative Council | Unicameral | 1866 | Established by an act of parliament | ||
| Legislative Council | Unicameral | 1946 | 1953 | ||
| Legislative Council | Unicameral | 1964 | 1967 | Established in the Constitution of 1964 | |
| Legislative Council | Unicameral | 1925 | 1961 | Established under the prerogative | |
| Legislative Council | Unicameral | Established under the Foreign Jurisdiction Act, 1843 | |||
| Legislative Council | Unicameral | 2006 | |||
| Legislative Council | Unicameral | 1920 | 1962 | Established under the Foreign Jurisdiction Act, 1843 | |
| Legislative Council | Upper House | 1791 | 1841 | ||
| Legislative Council | Unicameral | 1972 | 1990 |
InAmerican English, the term "legislative council" has acquired a slightly different meaning since the 1930s. It refers to a joint committee with members from both houses of the state legislature, which supervises a staff of attorneys, accountants, and researchers charged with providing strictly nonpartisan support services to the legislature or to particular committees.[8] The concept of the legislative council was first developed inKansas and was implemented by theKansas Legislature in 1933.[8][9] Eventually, a majority ofU.S. states adopted legislative councils, but under a variety of names.[8] Between 1933 and 1959, at least 32 states had legislative councils.[9]
Kansas still uses a legislative council, although it was converted into the Kansas Legislative Coordinating Council in 1971. Legislative councils operating under that name exist in the states of Arkansas, Arizona, Colorado, Montana, North Dakota, Texas, and Wisconsin. Several states use the term "commission" for the same thing, including New Jersey and Nevada.
A few states, like California, have a "legislative counsel", not "council", who is appointed by a vote of the entire legislature and is thus responsible to the body as a whole rather than a "council" within it.