Article 171 of the Indian Constitution addresses the composition of the Legislative Councils in states that choose to have a bicameral legislature. It outlines the maximum and minimum strengths of the Council and specifies the manner in which its members are elected or nominated, ensuring representation from diverse sections of society. This provision aims to provide a more deliberative and representative character to state legislatures.
Original Text
(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State: but the total number of members in the Legislative Council of a State shall in no case be less than forty.
(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).
(3) Of the total number of members of the Legislative Council of a State—
(a) as nearly as may be, one-third shall be elected by electorates consisting of members of local authorities in the State;
(b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any university in India;
(c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;
(d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;
(e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).
(4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament.
(5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:—Literature, science, art, co-operative movement and social service.
Detailed Explanation
Article 171 lays down the framework for constituting the Legislative Councils in states that opt for a bicameral legislature. Clause (1) sets the limits on the size of the Legislative Council, ensuring that it does not become excessively large compared to the Legislative Assembly. The maximum strength is capped at one-third of the Assembly’s strength, while the minimum strength is fixed at forty members to maintain a reasonable level of representation and deliberation.
Clause (2) acknowledges that Parliament has the authority to legislate on the composition of the Legislative Councils. This allows for flexibility in adapting the composition based on evolving needs and circumstances.
Clause (3) outlines the different categories of members that constitute the Legislative Council:
- Local Authorities (1/3): Members elected by electorates comprising members of local bodies like municipalities and district boards.
- Graduates (1/12): Members elected by electorates consisting of graduates residing in the state for at least three years.
- Teachers (1/12): Members elected by electorates comprising teachers who have been teaching in educational institutions (not lower than secondary school) for at least three years.
- Legislative Assembly (1/3): Members elected by the members of the Legislative Assembly from amongst persons who are not members of the Assembly themselves.
- Nominated Members (Remainder): Members nominated by the Governor based on their special knowledge or practical experience in fields like literature, science, art, the cooperative movement, and social service.
Clause (4) empowers the Parliament to prescribe the territorial constituencies for the elections of members under sub-clauses (a), (b), and (c) of clause (3). This ensures a fair and representative distribution of seats across different regions of the state.
Clause (5) specifies the criteria for the Governor’s nominations, limiting them to individuals with expertise in literature, science, art, the cooperative movement, and social service. This is intended to bring diverse perspectives and specialized knowledge into the legislature.
Detailed Notes
- Maximum Strength: The Legislative Council’s total membership cannot exceed one-third of the Legislative Assembly’s strength.
- Minimum Strength: The Legislative Council’s total membership cannot be less than 40.
- Parliamentary Authority: Parliament can legislate on the composition of Legislative Councils.
- Electoral Composition:
- 1/3 elected by members of local authorities.
- 1/12 elected by graduates of at least three years standing.
- 1/12 elected by teachers of at least three years standing (not lower than secondary school).
- 1/3 elected by members of the Legislative Assembly from amongst non-members.
- The remainder are nominated by the Governor.
- Territorial Constituencies: Parliament prescribes the territorial constituencies for elections by local authorities, graduates and teachers.
- Governor’s Nominations: The Governor nominates persons with special knowledge or practical experience in literature, science, art, the cooperative movement, and social service.
- Objective: Ensure representation from diverse sections of society (local bodies, graduates, teachers, and experts in various fields).
- Bicameral Legislature: Article applies to states that have chosen to have a Legislative Council along with a Legislative Assembly.
Additional Comments
- The existence of Legislative Councils is optional for states, as provided under Article 169 which details the procedure for the creation or abolition of Legislative Councils.
- The purpose of having a Legislative Council is to provide a forum for more experienced and knowledgeable individuals to participate in the legislative process.
- The specific qualifications and procedures for elections to the Legislative Council are further detailed in laws made by Parliament and the Election Commission of India.
The article establishes a structure for the Legislative Councils, limiting their size relative to the Legislative Assemblies and ensuring diverse representation through a mix of elections by specific electorates and nominations by the Governor. The variety of constituencies ensures the representation of diverse groups and specialized knowledge, while retaining the power of the Parliament to legislate on the subject and make amendments.