A Legislative Council is the upper house in those states of India that have a bicameral state legislature which means having both the Houses -- Vidhan Sabha and Vidhan Parishad. The Vidhan Sabha is called the State Legislative Assembly while Vidhan Parishad is the Legislative Council.
The members of the Legislative Council are known as MLCs while members of the Legislative Assembly are called MLAs. The Legislative Council establishment is defined in Article 169 of the Indian Constitution of India.
What is the role of the Legislative Council?
The role of the Legislative Council is limited. It cannot make or break a government, and it cannot say ‘no’ to Finance Bills. The Council has its Chairman and Deputy Chairman who enjoy the status of Cabinet Ministers in the state. The Legislative Council can ensure individuals who might not be cut out for the elections are able to contribute to the legislative process. It can also keep an eye on hasty decisions taken by the Legislative Assembly.
Which States have Legislative Council?
There are only 6 out of 28 states that have a Legislative Council. They are:
- Andhra Pradesh
- Karnataka
- Telangana
- Maharashtra
- Bihar
- Uttar Pradesh
How many MLCs can a Legislative Council may have?
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.
How MLCs are elected
One third MLCs are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.
Another one third are elected by the members of Legislative Assembly from among the persons who are not members of the State Legislative Assembly.
Then, one sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services. And, one twelfth are elected by persons who are graduates of three years' standing residing in that state.
Why don't all States have Legislative Council?
The reason why not all states have a Legislative Council is that the state government has not yet passed a resolution in the Legislative Assembly requesting the creation of a Legislative Council.
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