State Legislative Council: Articles, Tenure, and Formation in India
Explore the structure and function of State Legislative Councils, a key component of India's bicameral state legislatures.
Source: GNews ParliamentThe State Legislative Council (Vidhan Parishad) is the upper house in the bicameral legislatures of some Indian states. It is established or abolished by a resolution passed by the State Legislative Assembly with a special majority, followed by an Act of Parliament. Article 169 of the Indian Constitution deals with the creation and abolition of these councils. Currently, six states in India have a State Legislative Council: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. The maximum strength of a State Legislative Council is one-third of the total strength of the State Legislative Assembly, and the minimum strength is 40 members. Members of the State Legislative Council serve a six-year term, with one-third of its members retiring every two years, similar to the Rajya Sabha. This ensures continuity in the legislative process. The State Legislative Council plays a role in reviewing and delaying bills, but its powers are less extensive than those of the State Legislative Assembly.
Understanding the State Legislative Council is crucial for UPSC and State PSC aspirants under Indian Polity (GS Paper II). Questions often focus on its formation, abolition, composition, tenure, and powers, especially in comparison to the State Legislative Assembly and Rajya Sabha. Knowledge of the relevant constitutional articles and the states that currently have a council is also frequently tested.
- Article 169 of the Indian Constitution deals with the creation and abolition of State Legislative Councils.
- Currently, six Indian states have a State Legislative Council: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
- The maximum strength of a State Legislative Council is one-third of the total strength of the State Legislative Assembly.
- The minimum strength for a State Legislative Council is 40 members.
- Members of the State Legislative Council serve a six-year term.
- One-third of the members of the State Legislative Council retire every two years.
The upper house of the state legislature in states with a bicameral system. It is a permanent body, meaning it cannot be dissolved, but its members retire in rotation. Its primary role is to provide a platform for detailed deliberation on bills and to represent various interests.
A legislative body composed of two chambers or houses. In India, some states have a bicameral legislature consisting of the State Legislative Assembly (Vidhan Sabha) and the State Legislative Council (Vidhan Parishad). The Parliament of India is also bicameral with Lok Sabha and Rajya Sabha.
This article of the Indian Constitution empowers the Parliament to create or abolish a State Legislative Council. This can only happen if the State Legislative Assembly passes a resolution to that effect by a special majority, which means a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting.
UPSC and State PSC exams frequently test the constitutional provisions related to State Legislative Councils, their composition, and the states where they exist. Pay attention to the differences in powers between the two houses of state legislatures.
Remember the six states with Legislative Councils using the acronym 'KUMBHAT': Karnataka, Uttar Pradesh, Maharashtra, Bihar, Andhra Pradesh, Telangana.
Frequently Asked Questions
Which states in India currently have a State Legislative Council?
Currently, six states in India have a State Legislative Council: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. These states have opted for a bicameral legislature to allow for more detailed legislative scrutiny.
What is the tenure of a member of the State Legislative Council?
A member of the State Legislative Council serves a term of six years. Similar to the Rajya Sabha, one-third of its members retire every two years, ensuring continuity and a staggered election process for the council.
How is a State Legislative Council created or abolished in India?
A State Legislative Council is created or abolished by an Act of Parliament. This process begins when the State Legislative Assembly passes a resolution by a special majority, requesting the Parliament to do so, as per Article 169 of the Constitution.