Legislative Council (Article 169)

It is the upper house.

Parliament may by law create or abolish Legislative Council.

It can be created, if the Legislative Assembly of the State passes a resolution to the effect by special majority.

It is not an Amendment to the Constitution and therefore it can be passed like an ordinary piece of legislation.

Article 171 contains various categories of members. According to this:

  • 1/3rd of its members are elected by Legislative Assembly.
  • 1/3rd by local bodies.
  • 1/6th nominated by the Governor.
  • 1/12th are elected by teachers.
  • 1/5th by university graduates.

The maximum strength of Legislative Council can be 1/3rd of the total membership of Legislative Assembly, but in no case less than 40.

Parliament has the final power to decide about its composition.

It is not subject to dissolution. But 1/3rd of its members retire on the expiry of every 2nd year.