The State Legislative Council, or Vidhan Parishad, or Saasana Mandali is the
upper house
An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
in those states of
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
that have a
bicameral state legislature; the
lower house being the
State Legislative Assembly. Its establishment is defined in Article 169 of the
Constitution of India
The Constitution of India ( IAST: ) is the supreme law of India. The document lays down the framework that demarcates fundamental political code, structure, procedures, powers, and duties of government institutions and sets out fundamental ...
.
As of 2022, 6 out of
28 states have a State Legislative Council. These are
Andhra Pradesh
Andhra Pradesh (, abbr. AP) is a state in the south-eastern coastal region of India. It is the seventh-largest state by area covering an area of and tenth-most populous state with 49,386,799 inhabitants. It is bordered by Telangana to the ...
,
Karnataka
Karnataka (; ISO: , , also known as Karunāḍu) is a state in the southwestern region of India. It was formed on 1 November 1956, with the passage of the States Reorganisation Act. Originally known as Mysore State , it was renamed ''Karnat ...
,
Telangana
Telangana (; , ) is a state in India situated on the south-central stretch of the Indian peninsula on the high Deccan Plateau. It is the eleventh-largest state and the twelfth-most populated state in India with a geographical area of and 3 ...
,
Maharashtra,
Bihar
Bihar (; ) is a state in eastern India. It is the 2nd largest state by population in 2019, 12th largest by area of , and 14th largest by GDP in 2021. Bihar borders Uttar Pradesh to its west, Nepal to the north, the northern part of West ...
, and
Uttar Pradesh
Uttar Pradesh (; , 'Northern Province') is a state in northern India. With over 200 million inhabitants, it is the most populated state in India as well as the most populous country subdivision in the world. It was established in 1950 ...
.
Qualification and tenure
Members of a State Legislative Council (MLC) must be a
citizen of India, at least 30 years old,
mentally sound, not an
insolvent
In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
, and must be an enrolled voter of the state. A member may not be a
Member of Parliament
A member of parliament (MP) is the representative in parliament of the people who live in their electoral district. In many countries with bicameral parliaments, this term refers only to members of the lower house since upper house members o ...
and
Member of the State Legislative Assembly at the same time.
The tenure of the MLCs are six years. One-third of the members of State Legislative Council retire after every two years. This arrangement parallels that for the
Rajya Sabha
The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. , it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using si ...
, the upper house of the
Parliament of India
The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the ...
.
Composition
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:
*One third are elected by the members of local bodies such as
municipalities
A municipality is usually a single administrative division having corporate status and powers of self-government or jurisdiction as granted by national and regional laws to which it is subordinate.
The term ''municipality'' may also mean the go ...
,
Gram panchayat
Gram Panchayat () is a basic village-governing institute in Indian villages. It is a democratic structure at the grass-roots level in India. It is a political institute, acting as cabinet of the village. The Gram Sabha work as the general bo ...
s,
Panchayat samiti
Panchayat samiti is a rural local government (panchayat) body at the intermediate tehsil (taluka/mandal) level in India. It works for the villages of the tehsil that together are called a development block. It has been said to be the "panchayat ...
s and
district councils.
*One third are elected by the
members
Member may refer to:
* Military jury, referred to as "Members" in military jargon
* Element (mathematics), an object that belongs to a mathematical set
* In object-oriented programming, a member of a class
** Field (computer science), entries in ...
of
Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
*One sixth are nominated by the
Governor
A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
from persons having knowledge or practical experience in fields such as
literature
Literature is any collection of written work, but it is also used more narrowly for writings specifically considered to be an art form, especially prose fiction, drama, and poetry. In recent centuries, the definition has expanded to include ...
,
science
Science is a systematic endeavor that Scientific method, builds and organizes knowledge in the form of Testability, testable explanations and predictions about the universe.
Science may be as old as the human species, and some of the earli ...
,
arts
The arts are a very wide range of human practices of creative expression, storytelling and cultural participation. They encompass multiple diverse and plural modes of thinking, doing and being, in an extremely broad range of media. Both ...
, the
co-operative movement
The history of the cooperative movement concerns the origins and history of cooperatives across the world. Although cooperative arrangements, such as mutual insurance, and principles of cooperation existed long before, the cooperative movement bega ...
and
social services.
*One twelfth are elected by persons who are
graduates of three years' standing residing in that state.
*One twelfth are elected by teachers who had spent at least three years in teaching in
educational institutions within the state not lower than
secondary schools, including
college
A college (Latin: ''collegium'') is an educational institution or a constituent part of one. A college may be a degree-awarding tertiary educational institution, a part of a collegiate or federal university, an institution offerin ...
s and
universities
A university () is an institution of higher (or tertiary) education and research which awards academic degrees in several academic disciplines. Universities typically offer both undergraduate and postgraduate programs. In the United States, ...
.
Creation, abolition and roles of State Legislative Councils
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 December 2020, 6 out of the 28 states have State Legislative Council.
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 the
Parliament of India
The Parliament of India ( IAST: ) is the supreme legislative body of the Republic of India. It is a bicameral legislature composed of the president of India and two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the ...
.
The Constitution of India gives limited power to the State Legislative Council. The State Legislative Council can neither form or
dissolve a
state government. The State Legislative Council also have no role in the passing of
money bill
In the Westminster system (and, colloquially, in the United States), a money bill or supply bill is a bill that solely concerns taxation or government spending (also known as appropriation of money), as opposed to changes in public law.
Conv ...
s. But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status of
Cabinet Ministers
A cabinet is a body of high-ranking state officials, typically consisting of the executive branch's top leaders. Members of a cabinet are usually called cabinet ministers or secretaries. The function of a cabinet varies: in some countrie ...
in the state.
Current State Legislative Councils
State Legislative Councils by ruling parties
The Bharatiya Janata Party-led National Democratic Alliance is in power in 3 states; the Indian National Congress-led United Progressive Alliance is in power in 1 state; 2 states are ruled by other parties/alliances.
Former State Legislative Councils
Criticism and support
The State Legislative Councils are criticised for being unnecessary. It is considered a burden on the
state budget and cause delays in passing legislations.
State legislative council helps the defeated leaders to get a seat in the
state 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 the
local governments and also give voice to people having expertise in various fields (through Gubernatorial nominations).
See also
*
State Legislature
*
Upper house
An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house.''Bicameralism'' (1997) by George Tsebelis The house formally designated as the upper house is usually smaller and often has more restric ...
*
Rajya Sabha
The Rajya Sabha, constitutionally the Council of States, is the upper house of the bicameral Parliament of India. , it has a maximum membership of 245, of which 233 are elected by the legislatures of the states and union territories using si ...
*
Council of State
A Council of State is a governmental body in a country, or a subdivision of a country, with a function that varies by jurisdiction. It may be the formal name for the cabinet or it may refer to a non-executive advisory body associated with a head o ...
*
Legislative council
*
State governments of India
State governments in India are the governments ruling over 28 states and 8 union territories of India and the head of the Council of Ministers in a state is the Chief Minister. Power is divided between the Union government and state governmen ...
*
Politics of India
Politics of India works within the framework of the country's Constitution. India is a parliamentary democratic secular republic in which the president of India is the head of state & first citizen of India and the prime minister of India is t ...
References
{{Legislatures of India
*