What is composition of Legislative Council?

Q.  Which of the following is true regarding strength and elections of Legislative Council?

1) The actual strength of a Council is fixed by Parliament and not the constitution.
2) Size of the council depends on the size of the assembly of the concerned state.
3) 1/6 of total members of council are elected by the members of local bodies in the state.
- Published on 07 Mar 17

a. 1, 2
b. 1, 3
c. 2, 3
d. All of the above

ANSWER: 1, 2
 
    Strength of Legislative Council -

  • Unlike the members of the Legislative Assembly, 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.

  • This is not applicable to Jammu and Kashmir as it has 36 members as per its state constitution.

  • Size of the council depends on the size of the assembly of the concerned state.

  • This is done to ensure the pre-dominance 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.

    • Election - Of the total number of members of a legislative council -

  • 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly.

  • 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.

  • The remainder i.e., 1/6th 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 are indirectly elected and 1/6 are 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 authorized to modify or replace the same.

  • However, it has not enacted any such law so far.

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