• The Legislative Council (Vidhan Parishad) is the upper house (second chamber or house of elders).
  • Creation/Abolition of the Legislative Council:
    • Under Article 168, states can have either one or two Houses of the legislature.
    • Article 169 leaves the choice of having a Vidhan Parishad to individual states.
    • Art 169 of the Constitution provides for the abolition or creation of Legislative Councils in States.
    • Power of abolition or creation of a Legislative Council lies with the Parliament.
    • To set up the council, the Legislative Assembly of the state must pass a resolution by a majority of the total membership & not less than 2/3rd of the members of the assembly present & voting.
    • However, a resolution passed by the Legislative Assembly of the state for creation or abolition of its council is not binding on the Parliament. Parliament may or may not approve the resolution with a simple majority.
  • Membership:
    • Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total number of MLAs of the state, and not less than 40 members.
    • All the members of the Legislative Council are either indirectly elected or nominated by the Governor.
      • One-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify
      • One-third of the members of this House are elected by the Legislative Assembly from amongst persons who are not its members.
      • One-twelfth of the members are elected by graduates of at least three years standing.
      • One-twelfth of the members are elected by teachers of secondary schools having at least three years’ experience.
      • About one-sixth of the members are nominated by the Governor from among persons possessing special knowledge and experience in the field of art, science, literature, social service and cooperative movement.
  • Duration: The Legislative Council is a continuing chamber; that is, it is a permanent body and is not subject to dissolution. But, one-third of its members retire on the expiration of every second year. So, a member continues as such for six years. 

 

Source: The Indian Express

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