Article 171

Article 171 of the Constitution of India defines the composition, structure, and method of formation of the Legislative Councils (Vidhan Parishads) in the States. It lays down the constitutional framework for the upper chamber in the bicameral State legislatures and ensures representation from various sections of society, including local bodies, educational institutions, professionals, and nominated experts.

General Provisions and Structure

Article 171(1) stipulates that the total number of members in a Legislative Council shall not exceed one-third of the total number of members in the Legislative Assembly of the State. This ensures a proportional relationship between the two Houses. However, to maintain effective functioning, every Legislative Council must have at least 40 members, regardless of the size of the Assembly.
The Legislative Council is therefore designed to be a smaller, deliberative, and revisory chamber, intended to complement the Legislative Assembly rather than duplicate its functions.

Composition and Representation

Article 171(3) provides a detailed scheme for the composition of the Legislative Council, combining both elected and nominated members to ensure diverse representation. The composition is as follows:

• One-third of the members are elected by electorates consisting of members of local authorities such as municipalities, district boards, and panchayats.
• One-twelfth are elected by graduates of at least three years’ standing from any university in India.
• One-twelfth are elected by teachers who have at least three years of teaching experience in institutions recognised by the law of the State.
• One-third are elected by the members of the Legislative Assembly of the State from among persons who are not members of the Assembly.
• The remaining members are nominated by the Governor under Article 171(5).

This carefully balanced structure allows the Council to include both political and non-political members, combining practical experience, academic insight, and administrative understanding in the legislative process.

Nominated Members and Their Qualifications

Under Article 171(5), the Governor nominates individuals to the Council who have distinguished themselves in any of the following fields:

• Literature
• Science
• Art
• The co-operative movement
• Social service

These nominations aim to bring expertise and intellectual depth into legislative deliberations. Such members contribute perspectives that are often underrepresented in directly elected political bodies.

Election Process and Methodology

The elections to the Legislative Councils are conducted according to the provisions of the Representation of the People Act, 1951, and related electoral laws. The elected members are chosen through the system of proportional representation by means of the single transferable vote (STV).
This voting method ensures fair representation of minority opinions and groups within the electorates, reflecting the inclusive and pluralistic nature of Indian democracy.
The composition of electorates varies depending on the category of representation:

• Local authorities elect their representatives through indirect elections.
• Graduates and teachers vote directly within their specific constituencies.
• Members of the Legislative Assembly vote to elect representatives of their chamber.

Role and Functions of the Legislative Council

The Legislative Council functions as the upper chamber or revising house of a bicameral State legislature. Its principal functions include:

• Reviewing legislation passed by the Legislative Assembly and suggesting amendments.
• Delaying legislation to allow for reconsideration and debate, though it cannot permanently block a bill.
• Providing a forum for experienced professionals and intellectuals to contribute to governance.
• Ensuring continuity in the legislative process, as it is a permanent body not subject to dissolution.

One-third of its members retire every two years, ensuring both stability and periodic renewal.
However, the powers of the Council are subordinate to those of the Legislative Assembly, especially in financial matters. For instance, Money Bills can only be introduced in the Assembly, and the Council can only make recommendations on such bills, which the Assembly may accept or reject.

Judicial Interpretations and Case Law

Several important judicial decisions have interpreted the scope and functioning of Article 171:

• K. K. Verma v. Union of India (1954): Clarified the constitutional validity and functional role of Legislative Councils, affirming Parliament’s power to create or abolish them under Article 169.
• State of Bihar v. Bihar Legislative Council (1970): Examined the procedural validity of elections and composition of the Council, reaffirming that it must conform strictly to constitutional provisions.
• Indira Gandhi v. Raj Narain (1975): Though primarily concerning electoral disputes, the case underscored the sanctity of electoral procedures in legislative institutions, including State Councils.

Through these cases, the judiciary has consistently upheld the federal and deliberative principles embedded in Article 171.

Significance and Role in Indian Federalism

The Legislative Council serves as a deliberative and reflective institution, intended to improve the quality of legislation and provide representation to organised groups, intellectuals, and professionals. Its existence reinforces the bicameral nature of State legislatures where adopted, paralleling the Rajya Sabha at the national level.
Key features of its significance include:

• Offering checks and balances on the Legislative Assembly.
• Facilitating detailed scrutiny of bills and administrative policies.
• Allowing representation for local bodies, educators, and experts.
• Promoting stability and continuity through staggered membership terms.

Nevertheless, its limited powers have led to debate over its necessity. Critics argue that the Councils sometimes serve as platforms for political patronage rather than genuine deliberation. Proponents, however, contend that they enhance democratic depth and legislative quality by allowing broader participation in the law-making process.

Amendments and Legislative Developments

The structure and existence of Legislative Councils have evolved through legislative and political changes:

• Parliament retains the power under Article 169 to create or abolish a Legislative Council in a State, upon the initiative of the State Legislative Assembly.
• Various States, such as West Bengal and Punjab, have abolished their Councils, while others, including Andhra Pradesh, have alternated between abolition and re-establishment depending on political and administrative needs.

These developments underline the flexibility of the Indian Constitution in allowing States to choose a unicameral or bicameral legislature based on their requirements.

Current Status and Contemporary Examples

As of the present, Legislative Councils exist in the following States:

• Bihar
• Maharashtra
• Karnataka
• Telangana
• Andhra Pradesh
• Uttar Pradesh

Other States, including West Bengal, Punjab, and Tamil Nadu, have abolished their Councils. However, periodic discussions and proposals for revival continue, demonstrating ongoing debates about their utility and cost-effectiveness.

Comparison with the Rajya Sabha

The Legislative Council performs at the State level a role similar to that of the Rajya Sabha in Parliament. Both are upper houses providing continuity, experience, and a revisory function in the legislative process. Yet, there are key differences:

• The Rajya Sabha represents the States in the Union Parliament, while the Legislative Council represents functional and educational interests within a State.
• The Rajya Sabha’s powers are constitutionally broader, particularly in national matters, whereas the Legislative Council’s powers are restricted by the primacy of the Legislative Assembly.