State Legislative Councils (Vidhan Parishad) Explained

A State Legislative Council (Vidhan Parishad) is the upper house of a state legislature in India, a permanent body that exists only in states where Parliament has created it under Article 169 of the Constitution, and it plays an advisory and revising role next to the directly elected Legislative Assembly (Vidhan Sabha). Because a State Legislative Council is optional, most Indian states have only one house, and only a handful of states keep a bicameral legislature.

Unlike the Rajya Sabha at the Centre, the State Legislative Council has deliberately limited powers: it can delay but not defeat ordinary legislation, it has almost no say over money bills, and the state government is answerable only to the assembly. Supporters see the council as a chamber of experienced and professional voices, while critics see it as a costly and politically convenient route for the defeated and the favoured.

Key Takeaways

• The State Legislative Council (Vidhan Parishad) is the optional upper house of a state legislature, and the Constitution does not require any state to have one.
• Under Article 169, Parliament may create or abolish a State Legislative Council by an ordinary law once the state’s Legislative Assembly passes a resolution by a special majority, and such a law is not treated as a constitutional amendment under Article 368.
• Article 171 caps a State Legislative Council at one-third of the Legislative Assembly’s strength and fixes a floor of 40 members.
• A State Legislative Council is a permanent house that is never dissolved, with one-third of its members retiring every two years after six-year terms.
• Members of a State Legislative Council come from five sources: MLAs, local bodies, graduates, teachers and nominees of the Governor.
• A State Legislative Council can delay an ordinary bill for a limited period but cannot veto it, and the Legislative Assembly has the final word on all legislation and on the council of ministers.

What Is a State Legislative Council?

A State Legislative Council is the second chamber of a bicameral state legislature in India, designed to review, refine and sometimes slow down the decisions of the Legislative Assembly. Article 168 of the Constitution says that the legislature of every state shall consist of the Governor and either one house or two houses, depending on the state. Where there are two houses, the lower house is the Legislative Assembly and the upper house is the Legislative Council.

The idea of a second chamber at the provincial level came from colonial constitutional experiments. The Government of India Act, 1935 provided for bicameral legislatures in several provinces, including Bengal, Bihar, Bombay, Madras, the United Provinces and Assam. The Constituent Assembly carried the idea forward but made it optional, partly because members were divided on whether a second house was worth the expense and the delay it could cause.

The council is often described as a house of “elders” or of “experts”. In practice, it offers a seat to people with professional, academic or social-service backgrounds who may not wish to contest a direct election, although it is also used by political parties to accommodate leaders.

Which States Have a Vidhan Parishad?

Six states currently have a Vidhan Parishad: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. All other states, and all Union Territories with legislatures, run on a single-house legislature. Jammu and Kashmir had a Legislative Council until the Jammu and Kashmir Reorganisation Act, 2019 converted the state into a Union Territory and the council ceased to exist.

The strength of each council is set by law within the limits of Article 171. The widely cited figures are given below, although they depend on the size of the corresponding assembly and can change by law.

Several states have moved in and out of the bicameral system. Punjab and West Bengal had councils that were abolished around 1969 to 1970, and Tamil Nadu’s council was abolished in 1986. Andhra Pradesh abolished its council in 1985 and revived it in 2007. Other assemblies have passed resolutions to create or abolish councils, but the final decision rests with Parliament, and some such proposals have remained pending.

How Is a Legislative Council Created or Abolished?

A State Legislative Council is created or abolished when Parliament passes a law after the state’s Legislative Assembly adopts a resolution to that effect. Article 169 requires that the resolution be passed by a majority of the total membership of the assembly and by a majority of not less than two-thirds of the members present and voting.

Once the assembly has passed such a resolution, Parliament may enact a law to give effect to it. Article 169 itself states that such a law is not to be deemed an amendment of the Constitution for the purposes of Article 368. This means it needs only a simple majority in Parliament, not the special majority and state ratification needed for constitutional amendments.

Why the decision stays with Parliament

The assembly can ask, but cannot decide on its own. Parliament is under no strict legal compulsion to act on a resolution, and in several cases Parliament has not taken it up for years. As a result, the creation or abolition of a council has frequently become a political matter, shaped by the relationship between the state government and the Union government.

Typical stages of the process

• The state government moves a resolution in the Legislative Assembly to create or abolish the council.
• The assembly adopts the resolution by a majority of its total membership and two-thirds of those present and voting.
• The resolution is sent to the Union government, which may introduce a bill in Parliament.
• Parliament passes the bill by a simple majority, and the President gives assent.
• The law sets out the consequential arrangements, such as the strength of a new council or the winding up of an abolished one.

What Does Article 171 Say About Composition?

Article 171 of the Constitution says that the total number of members of a State Legislative Council shall not exceed one-third of the total number of members in the state’s Legislative Assembly, and shall in no case be fewer than 40. The Article also lays down how the members are to be chosen, and Parliament can change this by law.

The exact size of each council is fixed by Parliament through a law, such as the Legislative Councils Act, 1957, which set the strength of the then-existing councils. The strength changes if Parliament amends the law, or when a state’s assembly strength is revised after delimitation.

Elections to the council are held under a system of proportional representation by means of the single transferable vote. This applies to the seats filled by MLAs and local bodies, whereas graduates’ and teachers’ seats are filled by territorial constituencies where eligible voters elect their representatives.

Who Are the Members of a State Legislative Council?

Members of a State Legislative Council are chosen through five categories, expressed as fractions of the total strength. Article 171 describes them as follows.

The five shares add up to the whole house: one-third plus one-third plus one-twelfth plus one-twelfth plus one-sixth equals one. The result is a mixed house, which is partly indirectly elected and partly nominated.

Qualifications and term

A person must be a citizen of India, at least 30 years old and registered as a voter in the state to sit in a State Legislative Council, as set out in Article 173 and the Representation of the People Act, 1951. The minimum age for the Legislative Assembly is 25, so the council has a higher age threshold.

The council is a permanent house and cannot be dissolved. Each member serves for six years, and one-third of the members retire every second year, which is the same pattern as the Rajya Sabha. A member can be re-elected, and a person cannot be a member of both houses of the state legislature at the same time.

Who Presides Over a State Legislative Council?

The Chairman presides over a State Legislative Council, and the council’s own members elect the Chairman and the Deputy Chairman from among themselves under Article 182. This differs from the Rajya Sabha, where the Vice-President of India is the ex-officio Chairman.

The Chairman conducts proceedings, maintains order and decides questions of procedure. The Deputy Chairman takes over when the Chairman’s office is vacant or when the Chairman is absent. Both can be removed by a resolution passed by a majority of all the then members of the council, and a notice of at least 14 days is required for such a motion.

Leaders of the House and the Leader of the Opposition are also recognised in the council in the same manner as in the assembly, and the council has committees that examine bills, petitions and other matters, although fewer than in the assembly.

What Powers Does a State Legislative Council Have?

A State Legislative Council has real but limited powers: it can debate, question the government, discuss the budget and suggest amendments to bills, but it cannot override the Legislative Assembly. Its powers are best understood by comparing them with those of the assembly.

Ordinary bills

An ordinary bill can start in either house, and Article 197 governs what happens when the two disagree. If the council rejects a bill passed by the assembly, or proposes amendments the assembly does not accept, or does not pass it within three months, the assembly can pass the bill again and send it back. If the council again rejects it or does not pass it within one month, the bill is deemed to have been passed by both houses in the form in which the assembly passed it for the second time.

In effect, the council can delay an ordinary bill for up to about four months. At the national level Article 108 provides a joint sitting of Parliament to resolve disagreements between the two houses, but the state legislature has no such joint sitting. A bill that originated in the council and is rejected by the assembly simply lapses.

Money bills

A money bill cannot be introduced in the council and must start in the Legislative Assembly. Under Article 198, the council must return the bill within 14 days, with or without recommendations. The assembly may accept or reject those recommendations, and if the council does not return the bill within 14 days, it is deemed passed in the form the assembly passed it.

Control over the executive

Under Article 164, the council of ministers is collectively responsible to the Legislative Assembly, not to the council. The council cannot pass a no-confidence motion and cannot bring down a government. Ministers can, however, be drawn from the council, including the Chief Minister, and ministers have to answer questions raised in the council.

Other roles

• Members of the council cannot vote in the election of the President of India, because only elected members of the assembly form part of the electoral college.
• Members of the council cannot vote in the election of the state’s members of the Rajya Sabha.
• The council can ask questions, move motions and set up committees, which gives members a way to scrutinise the government even though the council cannot remove it.
• The council can discuss the annual budget and demands for grants, but only the assembly votes on them.

How Does the Council Differ From the Legislative Assembly?

The Legislative Council differs from the Legislative Assembly in how it is chosen, how long it lasts and how much power it holds. The assembly is directly elected by adult voters for a term of five years and can be dissolved, while the council is indirectly elected and permanent.

Why Does India Have, and Debate, Legislative Councils?

India has Legislative Councils to give states the option of a second chamber that can bring experience, review legislation and represent groups such as teachers and graduates. The debate around them is lively because the benefits and costs are both real.

Arguments commonly made in favour

• The council provides a forum for reflection, and it can slow down hasty legislation passed by a large majority in the assembly.
• Teachers, graduates and nominated experts bring subject knowledge that may not be reflected in the direct elections.
• The council can accommodate ministers and leaders who do not want to fight an assembly election.
• Its permanence offers continuity even when the assembly is dissolved.

Arguments commonly made against

• The council adds to public expenditure on salaries, staff and infrastructure without giving matching decision-making power.
• Its powers are subordinate, so critics regard it as a delay mechanism at best.
• Nominations by the Governor, acting on the advice of the council of ministers, can be used to reward party loyalists rather than experts.
• Many large and well-governed states function well with a single house.

What Is the Role of the Governor in the Council?

The Governor nominates one-sixth of the members of a State Legislative Council under Article 171(5), and these nominees must have special knowledge or practical experience in literature, science, art, the cooperative movement or social service. The Governor also summons, prorogues and addresses the legislature, which includes the council in a bicameral state.

In practice, the Governor acts on the advice of the state council of ministers when nominating members. That is why disputes occasionally arise when nominations are delayed or when the persons named are alleged to lack the qualifications listed in the Constitution. The constitutional text expects the categories in Article 171(5) to be respected.

The Governor’s assent is also required for every bill passed by the state legislature, so a bill that has passed both houses, or the assembly alone in case of disagreement, still needs assent, reservation for the President, or return for reconsideration under Article 200.

Bottom Line

The State Legislative Council is an optional second chamber that India’s Constitution allows each state to adopt or drop through Parliament. Six states have one today, and its powers remain firmly subordinate to the Legislative Assembly. Whether it adds deliberation or only delay remains a matter of continuing political and constitutional debate.

Frequently Asked Questions

What is the minimum and maximum size of a State Legislative Council?

A State Legislative Council must have at least 40 members and no more than one-third of the strength of the state’s Legislative Assembly. This rule comes from Article 171 of the Constitution. The exact number for each state is fixed by Parliament through law.

Which states have a Legislative Council in India?

Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh have a Legislative Council. All other states have only a Legislative Assembly. Jammu and Kashmir lost its council when it became a Union Territory in 2019.

Can a Legislative Council be abolished?

Yes, a Legislative Council can be abolished by Parliament through an ordinary law after the state’s assembly passes a resolution. The resolution needs a majority of the total membership of the assembly and a two-thirds majority of members present and voting. This process under Article 169 is not a constitutional amendment.

Can the Legislative Council reject a bill passed by the assembly?

The Legislative Council can reject or amend an ordinary bill, but the Legislative Assembly can pass the bill again and the council’s objection then loses effect. The council can delay an ordinary bill for about three months in the first round and one month in the second. For money bills, the council can only recommend changes within 14 days.

Are members of the Legislative Council directly elected?

No, members of a State Legislative Council are not directly elected by the general public. They are chosen by MLAs, local-body members, graduates and teachers, and one-sixth are nominated by the Governor. This indirect system distinguishes the council from the directly elected assembly.

Can a member of the Legislative Council become Chief Minister?

Yes, a member of a State Legislative Council can become a minister, including the Chief Minister, because the Constitution does not require a Chief Minister to sit in the assembly. The council of ministers, however, remains collectively answerable only to the Legislative Assembly. A Chief Minister who is a council member must still enjoy the assembly’s confidence.

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