What is Bicameral Legislature?
- A bicameral legislature is a legislative system consisting of two separate assemblies, chambers, or houses. For example, the Indian Parliament consists of two houses: Lok Sabha and Rajya Sabha.
State Legislative Council (Vidhan Parishad): The Upper House
- The State Legislative Council (MLCs), also known as Vidhan Parishad, serves as the upper house in Indian states with a bicameral state legislature, while the lower house is the State Legislative Assembly (MLAs).
Bicameral Legislature in India: An Overview
- Out of the 36 states and union territories in India, 25 have a unicameral legislature, 6 have a bicameral legislature, and the remaining 5 are union territories without a legislature.
- The 6 states with a legislative council are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh. However, no union territory has a legislative council.
Qualifications and Tenure of Members
- Members of a State Legislative Council (MLCs) must be:
- Citizens of India.
- At least 30 years old.
- Mentally sound and not insolvent.
- Enrolled voters of the respective state.
- MLCs cannot simultaneously hold positions as Members of Parliament and Members of the State Legislative Assembly.
- MLCs serve a tenure of six years and are not subject to dissolution. Every two years, one-third of the members retire, following a pattern similar to the Rajya Sabha.
Composition of the State Legislative Council
- The size of the State Legislative Council cannot exceed one-third of the membership of the State Legislative Assembly, but it cannot have fewer than 40 members.
- MLCs elect the Chairman and Deputy Chairman of the State Legislative Council.
Selection of Members
MLCs are chosen through the following methods:
1. One-third are elected by members of local bodies, including municipalities, Gram panchayats, Panchayat samitis, and district councils.
2. One-third are elected by members of the State Legislative Assembly from individuals who are not members of the Assembly.
3. One-sixth are nominated by the Governor from persons with knowledge or practical experience in fields such as literature, science, arts, cooperative movement, and social services.
4. One-twelfth are elected by persons who are graduates with at least three years' standing and reside in the respective state.
5. One-twelfth are elected by teachers who have spent a minimum of three years teaching in educational institutions within the state, including secondary schools, colleges, and universities.
Creation, Abolition, and Roles of State Legislative Councils
- According to Article 169 of the Indian Constitution, the Parliament of India can create or abolish a State Legislative Council if the state's legislature passes a resolution with a special majority.
Here's a breakdown of the composition for the 6 state legislative councils in India:
Bihar Legislative Council:
- Total members: 75 (63 elected, 12 nominated by the Governor based upon recommendations of the State Cabinet)
- 63 Elected Members:
- Legislative assembly (MLAs): 27
- Local Authorities Constituencies: 24
- Graduates constituencies: 6
- Teachers constituencies: 6
Uttar Pradesh Legislative Council:
- Total members: 100 (90 elected, 10 nominated by the Governor based upon recommendations of the State Cabinet)
- 90 Elected Members:
- Legislative assembly (MLAs): 38
- Local Authorities Constituencies: 36
- Graduates constituencies: 8
- Teachers constituencies: 8
Karnataka Legislative Council:
- Total members: 75 ( 64 elected, 11 nominated by the Governor)
- 64 Elected Members:
- Legislative assembly (MLAs): 25
- Local Authorities Constituencies: 25
- Graduates constituencies: 7
- Teachers constituencies: 7
Maharashtra Legislative Council:
- Total members: 78 (66 elected, 12 nominated by the Governor)
- 66 Elected Members:
- Legislative assembly (MLAs): 30
- Local Authorities Constituencies: 22
- Graduates constituencies: 7
- Teachers constituencies: 7
Telangana Legislative Council:
- Total members: 40 (34 elected, 6 nominated by the Governor)
- 40 Elected Members:
- Legislative assembly (MLAs): 14
- Local Authorities Constituencies: 14
- Graduates constituencies: 3
- Teachers constituencies: 3
Andhra Pradesh Legislative Council:
- Total members: 58 (50 elected, 8 nominated by the Governor)
- 50 Elected Members:
- Legislative assembly (MLAs): 20
- Local Authorities Constituencies: 20
- Graduates constituencies: 5
- Teachers constituencies: 5
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