Composition of State Legislative Councils

A State Legislative Council is the upper House of a state's bicameral legislature, with members drawn from several electoral groups and through nomination. Article 171 determines its size and composition, combining indirect elections with representation for graduates, teachers and persons with special knowledge or experience.

Size of the Council

Under Article 171(1), the Council's total membership must not exceed one-third of the total membership of the State Legislative Assembly, and must not be fewer than 40 members. The Constitution therefore sets limits rather than a single uniform strength for every state's Council.

• Article 171(2) provides that the constitutional scheme of composition operates until Parliament makes a law providing otherwise.

Distribution and election of seats

Article 171(3) distributes the elected seats among four categories. Each prescribed fraction applies as nearly as may be, allowing the allocation to accommodate whole numbers of seats.

• Approximately one-third are elected by members of municipalities, district boards and other local authorities in the state that Parliament specifies by law.
• Approximately one-twelfth are elected by electorates consisting of persons residing in the state who have been graduates of a university in India for at least three years, or have held an equivalent qualification prescribed by Parliament for that period.
• Approximately one-twelfth are elected by electorates consisting of persons who have taught for at least three years in educational institutions within the state that are not lower in standard than a secondary school, as prescribed by Parliament.
• Approximately one-third are elected by members of the State Legislative Assembly from among persons who are not members of that Assembly.
• Under Article 171(4), elections in all four categories use proportional representation by means of the single transferable vote. The local-authority, graduate and teacher electorates vote through territorial constituencies.

Governor's nominated members

The Governor nominates the remaining members under Article 171(3)(e). This remainder is commonly described as approximately one-sixth of the Council's membership, rather than a separately fixed constitutional fraction.

• Under Article 171(5), nominees must possess special knowledge or practical experience in literature, science, art, the co-operative movement or social service.