Legislative Council in India: Meaning, Composition, Powers and the Debate on Bicameralism in States

Every few years, elections to the Legislative Councils of States like Uttar Pradesh, Bihar, Maharashtra and Karnataka bring an often forgotten institution back into public discussion. In October 2026, biennial elections were held for 28 Council seats across these four States, all from graduates’ and teachers’ constituencies. Such moments raise a basic question that every civil services aspirant should be able to answer: what is a Legislative Council, why do only some States have one, and does it actually matter?

In this article, we explain the Legislative Council in India from the ground up: its history, constitutional provisions, composition, powers, the process of creation and abolition, and the long-running debate over whether States need a second chamber at all.

What Is a Legislative Council?

A State in India may have either a unicameral legislature (one House, the Legislative Assembly or Vidhan Sabha) or a bicameral legislature (two Houses: the Legislative Assembly and the Legislative Council or Vidhan Parishad).

The Legislative Council is the upper house of a bicameral State legislature. It is the State-level counterpart of the Rajya Sabha, but with one key difference: it is optional. The Constitution does not require any State to have one. Each State decides, with Parliament’s approval, whether it wants a second chamber.

Like the Rajya Sabha, the Council is a permanent House. It is never dissolved. Its members serve six-year terms, and one-third of them retire every two years. This is why Council elections are called biennial elections.

Historical Evolution

Period	Development
Government of India Act, 1919	Bicameralism introduced at the central level
Government of India Act, 1935	Bicameral legislatures in six provinces: Madras, Bombay, Bengal, United Provinces, Bihar and Assam (from 1937)
1950	Constitution adopted with Councils in Bihar, Bombay, Madras, Punjab, United Provinces and West Bengal
1956	Seventh Amendment provides for a Council in Madhya Pradesh, but it is never constituted
1969 to 1970	West Bengal (1969) and Punjab (1970) abolish their Councils
1985 to 1986	Andhra Pradesh (1985) and Tamil Nadu (1986) abolish their Councils
2007	Andhra Pradesh Council revived
2010	Tamil Nadu Legislative Council Act passed, but never brought into force
2014	Telangana gets a Council after bifurcation of Andhra Pradesh
2019	Jammu and Kashmir Council abolished under the J&K Reorganisation Act

Under the 1935 Act, provincial Councils were elected by a very small, propertied and educated electorate. They were permanent bodies and had equal powers with the Assemblies on legislation. Deadlocks could be resolved through a joint sitting called by the Governor. The Constitution changed this model a great deal by making the Council clearly subordinate to the elected Assembly.

The Constituent Assembly Debate

The question of second chambers in States was one of the more contested issues in the Constituent Assembly.

Supporters argued that a Council would act as a check on hasty laws passed by a popularly elected Assembly and would bring experienced and expert voices into lawmaking.

Critics saw it as an unnecessary cost to the public, a way to delay legislation, and a possible backdoor for those who could not win popular elections. Some members also objected that important features of the Council’s composition were left to ordinary law of Parliament rather than fixed in the Constitution.

The compromise was to keep Councils optional and flexible: a State could have one, but its powers would be limited, and Parliament could create or abolish it through a simple law.

Constitutional Provisions at a Glance

Article	Provision
Article 168	Constitution of State Legislatures; lists States with two Houses
Article 169	Creation or abolition of Legislative Councils
Article 171	Composition of Legislative Councils
Article 172	Duration: Council not subject to dissolution; one-third retire every two years
Article 173	Qualifications for membership
Article 182	Chairman and Deputy Chairman of the Council
Article 196	Bills (other than Money Bills) may originate in either House
Article 197	Restriction on powers of the Council over ordinary Bills
Article 198	Special procedure for Money Bills

How a Legislative Council Is Created or Abolished: Article 169

The procedure reflects a balance between State choice and parliamentary approval.

The Legislative Assembly of the State passes a resolution by a special majority: a majority of the total membership of the Assembly and a majority of not less than two-thirds of members present and voting.
Parliament then passes a law by a simple majority to create or abolish the Council.
Such a law may also amend the Constitution as needed (for example, the list in Article 168), but under Article 169(3) it is not treated as a constitutional amendment for the purposes of Article 368.

Two points are important here. First, the initiative must come from the State. Parliament cannot create or abolish a Council without the Assembly’s resolution. Second, Parliament is not bound to act on a resolution. Several resolutions have stayed pending for years.

Composition of the Legislative Council: Article 171

Size:

Maximum: one-third of the total membership of the Legislative Assembly
Minimum: 40 members (Jammu and Kashmir was an exception under its own law)

Manner of selection:

Share of members	Elected or chosen by
One-third	Members of local bodies such as municipalities and district boards
One-twelfth	Graduates of at least three years’ standing residing in the State
One-twelfth	Teachers of at least three years’ standing in institutions not lower than secondary school
One-third	Members of the Legislative Assembly, from among persons who are not MLAs
Remainder (about one-sixth)	Nominated by the Governor from persons with special knowledge or practical experience in literature, science, art, cooperative movement and social service

Elected members are chosen by proportional representation through the single transferable vote. The Council is therefore a mix of indirect elections, special constituencies and nomination. The exact composition is decided by Parliament through law, which is why it can be changed without a constitutional amendment.

Qualifications (Article 173 and the Representation of the People Act, 1951):

Must be a citizen of India
Must be at least 30 years of age
For elected seats, must be registered as an elector in the State; for nominated seats, must be ordinarily resident in the State

Presiding officers: The Council elects a Chairman and a Deputy Chairman from among its members.

Powers and Position: How Strong Is the Council?

The Constitution makes the Council clearly weaker than the Assembly, and weaker than the Rajya Sabha is in relation to the Lok Sabha.

1. Ordinary Bills (Article 197)

A Bill can originate in either House.
When a Bill passed by the Assembly reaches the Council, the Council may pass it, reject it, amend it, or simply not act on it for three months.
The Assembly can then pass the Bill again and send it back. The second time, the Council gets only one month.
After this, the Bill is deemed passed in the form the Assembly wanted.
So the Council can delay an Assembly Bill for a maximum of four months. There is no joint sitting in State legislatures.
If a Bill starts in the Council and the Assembly rejects it, the Bill simply ends.

2. Money Bills (Article 198)

A Money Bill can be introduced only in the Assembly.
The Council can only make recommendations and must return the Bill within 14 days. The Assembly may accept or reject these recommendations.
The Speaker of the Assembly decides whether a Bill is a Money Bill.

3. Financial and executive control

The Council can discuss the budget but cannot vote on demands for grants.
The Council of Ministers is collectively responsible only to the Assembly (Article 164(2)). The Council cannot remove the government through a no-confidence motion.
Ministers, including the Chief Minister, can be members of the Council, just as Union Ministers can come from the Rajya Sabha.

4. Electoral role

MLCs do not vote in the election of the President or of Rajya Sabha members. Only elected MLAs do.

Legislative Council vs Rajya Sabha

Feature	Legislative Council	Rajya Sabha
Existence	Optional for each State	Mandatory
Creation or abolition	Parliamentary law on Assembly resolution	Only through constitutional amendment
Deadlock on ordinary Bills	Assembly prevails; maximum delay of four months	Joint sitting under Article 108
Money Bills	Recommend within 14 days	Recommend within 14 days
Constitutional amendments	No role in passing	Equal power with Lok Sabha
Special powers	None	Articles 249 and 312
Role in Presidential election	None	Elected members vote
Federal character	Not a chamber of States	Represents States in Parliament

Where Do Councils Exist Today?

States with Legislative Councils (six): Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.

Councils abolished: West Bengal (1969), Punjab (1970), Andhra Pradesh (1985, later revived in 2007), Tamil Nadu (1986), Jammu and Kashmir (2019).

Proposals for creation: Resolutions have been passed by the Assemblies of Rajasthan (2012), Assam (2013), Odisha (2018) and West Bengal (2021). The Rajasthan and Assam Bills were introduced in the Rajya Sabha in 2013 and remain pending.

Proposals for abolition: The Andhra Pradesh Assembly passed a resolution to abolish its Council in January 2020, but withdrew it in November 2021.

The pattern is clear. Many decisions to create or abolish a Council have followed changes of government in the State, and the clipping that prompted this article notes the same thing. Tamil Nadu is the clearest example: an abolition in 1986, a revival law in 2010, and a resolution against revival in 2011.

The Debate: Arguments For and Against

Arguments in favour of Legislative Councils

Revising chamber: It provides a second look at Bills and can catch errors in hasty legislation.
Expert representation: Through nomination and the graduates’ and teachers’ constituencies, it can bring in professionals, academics and people from public life who may not contest direct elections.
Voice for local bodies: One-third of members are elected by local bodies, which links State lawmaking to grassroots governance.
Reduces burden on the Assembly: Bills can start in the Council, and it can carry out detailed debate.
Continuity: As a permanent House, it gives the legislature stability.

Arguments against Legislative Councils

Limited powers: With only a power to delay and no joint sitting, critics call it a “dilatory” rather than a “revising” chamber.
Cost to the public: It adds expenditure on salaries, buildings and staff.
Backdoor entry: It can be used to give a seat to leaders who lost elections or to accommodate party members.
Outdated special constituencies: Graduates’ and teachers’ seats were designed when literacy was low. Their present-day logic is questioned, and some argue they favour certain groups over others.
Political instability of the institution: Frequent creation and abolition depending on the ruling party weakens its credibility.
Not federal in character: Unlike the Rajya Sabha, it does not represent any separate unit, so the federal argument for bicameralism does not apply in the same way.

Reform Proposals

Second Administrative Reforms Commission (2007)
In its report on Local Governance, the Second ARC proposed that Parliament could, through law, create Legislative Councils in all States as “Councils of Local Governments”. It argued that, with higher literacy levels, separate electorates of graduates and teachers were no longer needed. Instead, all Council members could be elected by local body representatives. This would strengthen the 73rd and 74th Amendments by giving panchayats and municipalities a direct voice in State lawmaking.

Parliamentary Standing Committee on Law and Justice (2013)
While examining the Rajasthan and Assam Bills, the Committee cleared the proposals but cautioned that a second chamber should not be created or abolished at the will of whichever government is in power. It suggested the need for a national policy on Legislative Councils.

Way Forward

National consensus: A clear national policy on when a State should have a Council would reduce politically driven creation and abolition.
Rethink composition: The graduates’ and teachers’ quotas could be reviewed in line with the Second ARC’s ideas.
Strengthen local government links: A Council made up of local body representatives could give real meaning to decentralisation.
Meaningful revising role: Committee work, scrutiny of delegated legislation and detailed review of Bills could make the Council useful even with limited formal powers.
Transparent nominations: Nominations by the Governor should actually reflect expertise in the fields listed in the Constitution.
Decide clearly: If a Council adds little value after reform, the honest choice may be abolition rather than keeping it as a symbolic body.

Conclusion

The Legislative Council reflects a careful compromise made by the framers of the Constitution: allow States the option of a second chamber, but keep it firmly subordinate to the elected Assembly. In practice, the institution has been shaped more by politics than by principle, with Councils created and abolished as governments changed. The real question for India is not simply whether to keep or abolish Councils, but whether they can be redesigned into bodies that add value, either as true revising chambers or, as the Second ARC suggested, as the voice of local governments in State lawmaking. Until a national consensus emerges, the Legislative Council will remain an institution whose relevance depends largely on how each State chooses to use it.

UPSC Relevance

GS Paper 2: “Parliament and State Legislatures: structure, functioning, conduct of business, powers and privileges and issues arising out of these”; “Functions and responsibilities of the Union and the States, issues and challenges pertaining to the federal structure”; “Devolution of powers and finances up to local levels”
Prelims: Articles 168 to 173, 197 and 198; composition fractions; list of States with Councils; comparison with the Rajya Sabha
Essay: Themes of institutional design, democracy and deliberation, and decentralisation
Interview: Opinion questions on whether Councils are needed, especially for candidates from the six bicameral States

Mains Practice Question

Q. Legislative Councils were meant to be revising chambers, but critics call them merely dilatory bodies. Critically examine this statement in the light of their constitutional position, and suggest reforms. (15 marks, 250 words)

Prelims Practice Question

Q. Consider the following statements regarding the Legislative Council in Indian States:

The creation of a Legislative Council requires a constitutional amendment under Article 368.
One-twelfth of its members are elected by teachers of at least three years’ standing in institutions not lower than secondary schools.
Members of the Legislative Council participate in the election of the President of India.

Which of the statements given above is/are correct?

(a) 1 and 2 only
(b) 2 only
(c) 2 and 3 only
(d) 1, 2 and 3

Answer: (b)

Explanation: Statement 1 is incorrect. Under Article 169(3), a law of Parliament creating or abolishing a Council is not treated as a constitutional amendment under Article 368. It is passed by simple majority. Statement 2 is correct under Article 171(3)(c). Statement 3 is incorrect, as only the elected members of the State Legislative Assemblies, along with elected members of both Houses of Parliament, form the electoral college for the President.

UPSC Mains 2021 (GS Paper 2): “Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.” (15 marks)

FAQs

What is a Legislative Council in India?
A Legislative Council, or Vidhan Parishad, is the upper house of a bicameral State legislature. It is optional, permanent and cannot be dissolved, and one-third of its members retire every two years.

How many States in India have a Legislative Council?
Six States have a Legislative Council: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh.

How is a Legislative Council created or abolished?
Under Article 169, the State Legislative Assembly passes a resolution by special majority, and Parliament then passes a law by simple majority. This law is not considered a constitutional amendment.

What is the difference between the Legislative Council and the Rajya Sabha?
The Rajya Sabha is mandatory and has nearly equal powers on ordinary Bills, with deadlocks resolved by a joint sitting. The Legislative Council is optional and can only delay an Assembly Bill for up to four months, with no joint sitting.

Can a Chief Minister be a member of the Legislative Council?
Yes. A Chief Minister or any minister can be a member of either House of the State legislature, though the Council of Ministers is responsible only to the Legislative Assembly.

What did the Second ARC recommend about Legislative Councils?
The Second ARC (2007) proposed that Councils could be created in all States as “Councils of Local Governments”, with all members elected by local body representatives, replacing the graduates’ and teachers’ constituencies.