Elections to the state legislative council

Why in news

• The Election Commission announces Biennial elections to the legislative councils in Telangana, Andhra Pradesh, Maharashtra, and Karnataka

Organisation of State Legislature:

• There is no uniformity in the organisation of state legislatures
• Most of the states have a unicameral system, while others have a bicameral system.
• In the states having bicameral system, the state legislature consists of the governor, the legislative council and the legislative assembly.
• The legislative council (Vidhan Parishad) is the upper house (second chamber or house of elders)
• The Constitution provides for the abolition or creation of legislative councils in states.
• Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect.

Composition of Council

• The members of the legislative council are indirectly elected.
• The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40.
• It means that the size of the council depends on the size of the assembly of the concerned state. This is done to ensure the predominance of the directly elected House (assembly) in the legislative affairs of the state
• Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.

Manner of Election:

• Of the total number of members of a legislative council:
  • 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,
  • 1/12 are elected by graduates of three years standing and residing within the state
  • 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school
  • 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly
  • The remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.
• Thus, 5/6 of the total number of members of a legislative council is indirectly elected and 1/6 is nominated by the governor.
• The members are elected in accordance with the system of proportional representation by means of a single transferable vote.
• The bonafides or propriety of the governor’s nomination in any case cannot be challenged in the courts.
• This scheme of composition of a legislative council as laid down in the Constitution is tentative and not final.
• The Parliament is authorised to modify or replace the same. However, it has not enacted any such law so far.

Duration of Council

• Like the Rajya Sabha, 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.
• The vacant seats are filled up by fresh elections and nominations (by governor) at the beginning of every third year.
• The retiring members are also eligible for re-election and re-nomination any number of times.

PRELIMS QUESTION

Consider the following statements regarding elections to the state legislative councils:

1. Elections to state legislative councils are conducted by State Election Commission

2. The members are elected in accordance with the system of proportional representation by means of a single transferable vote

Which of the statements given above is/are correct?

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer