ELECTION TO LEGISLATIVE COUNCIL

Subject: Polity

Concept:

Article 169

• The Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.
• Special majority implies, a majority of the total membership of the assembly and majority of not less than two-thirds of the members of the assembly present and voting.

Composition

• Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members.
• Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.

Manner of Election

• One-third of the MLCs are elected by the state’s MLAs,
• Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards,
• 1/12th by an electorate of teachers and another 1/12th by registered graduates.
• The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement and social service.

LC vis-à-vis Rajya Sabha

• The legislative power of the Councils are limited. Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack a constitutional mandate to do so.
• Assemblies can override suggestions/amendments made to legislation by the Council.
• Again, unlike Rajya Sabha MPs, MLCs cannot vote in elections for the President and Vice President. The Vice President is the Rajya Sabha Chairperson while a member from the Council itself is chosen as the Council Chairperson.