Understanding State Legislative Council Elections in India

Understanding State Legislative Council Elections in India

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Key takeaways

  • Elections are underway for 28 seats across State Legislative Councils in Uttar Pradesh, Bihar, Maharashtra, and Karnataka.
  • Currently, only 6 states in India maintain a bicameral legislature with a Vidhan Parishad.
  • Under Article 171, a Legislative Council cannot exceed one-third of the Assembly's total strength and must have at least 40 members.
  • Members serve 6-year terms, with one-third of the members retiring every 2 years.
  • Voting uses the Proportional Representation by Single Transferable Vote (PR-STV) system without party symbols on the ballot papers.

Why in News

  • Elections are taking place for 28 seats in the State Legislative Councils of four states.
  • These four states are Uttar Pradesh, Bihar, Maharashtra, and Karnataka.

Overview of Legislative Council Elections

  • These elections use an indirect quota-based system to choose Members of the Legislative Council (MLCs).
  • MLCs serve in the upper house, known as the Vidhan Parishad, in states with two legislative houses.
  • Only six Indian states currently have a Vidhan Parishad.
  • These six states are Uttar Pradesh, Bihar, Maharashtra, Karnataka, Telangana, and Andhra Pradesh.

Constitutional Provisions for State Legislative Councils

  • Article 169 allows Parliament to create or remove a State Legislative Council using a simple majority.
  • This creation or removal requires the state Assembly to pass a resolution first with a special majority.
  • Article 171 sets rules for the council's total strength and overall election structure.
  • A Legislative Council cannot have more members than one-third of the state Assembly's total strength.
  • The minimum size for any Legislative Council is fixed at 40 members.
  • Article 172(2) and Article 173 state that the Legislative Council is a permanent body that never dissolves.
  • MLCs serve 6-year terms, and one-third of the members retire every 2 years.
  • Candidates must be at least 30 years old to qualify for election as an MLC.

Composition Architecture of the Council

  • Local authorities like municipalities and district boards elect 1/3 of the total members.
  • Members of the Legislative Assembly (MLAs) elect 1/3 of the members from outside their own assembly.
  • Registered university graduates with at least 3 years of residence elect 1/12 of the council.
  • Teachers who have taught for at least 3 years in secondary schools or higher institutions elect 1/12 of the members.
  • The State Governor nominates the remaining 1/6 of the members.
  • Governor nominations go to experts in literature, science, art, the cooperative movement, or social service.

Eligible Voters for Council Elections

  • Unlike general Assembly elections, voting is limited to specific groups based on the seat type.
  • Local authority seats allow only elected corporators, municipal councillors, and district board members to vote.
  • Graduates constituencies require voters to hold a degree for at least 3 years and submit proof.
  • Teachers constituencies require voters to have at least 3 years of teaching experience in approved institutions.
  • The MLA quota seats are voted on exclusively by sitting Assembly members.

Procedure and Rules of MLC Elections

  • Elections use Proportional Representation by Single Transferable Vote (PR-STV), where voters rank candidates by choice.
  • Graduates and teachers must register separately on special voter lists by submitting proof of degree, job, and residency.
  • Candidates win by securing a specific voting quota, with surplus or lower candidate votes transferred as needed.
  • Ballot papers do not feature official party symbols, even though political parties actively support candidates.