NCERT Notes on important GK topics for the UPSC Prelims, State PCS, NDA, CDS, CAPF, AFCAT etc. This article explains the Legislative Council or Vidhan Parishad, articles associated, how they are formed or abolished. Check Other NCERT Notes Here
Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state, by a simple majority, if the Legislative Assembly of that state passes a resolution to that effect by a special majority.
As per Article 171 clause (1) of the Indian Constitution, the total number of members in the legislative council of a state shall not exceed one third of the total number of the members in the legislative Assembly of that state and the total number of members in the legislative council of a state shall in no case be less than 40.
The states with bicameral legislature include Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. These states have both the Legislative Council and Legislative Assembly. Jammu and Kashmir had a Council until the state was bifurcated into the Union Territories of J&K and Ladakh.
How Are Members Of The Legislative Council Elected?
1/3rd of members are elected by members of the Assembly.
1/3rd by electorates consisting of members of municipalities, district boards and other local authorities in the state.
1/12th by an electorate consisting of teachers.
1/12th by registered graduates.
The remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, the cooperative movement, and social service.
Each Member of the State Legislative Council serves for a six-year term, with terms staggered so that the terms of one third of a State Legislative Council’s membership expire every two years.
The Council has its Chairman and Deputy Chairman who enjoy the status of Cabinet Ministers in the state.
Members of the Legislative Council (MLC) cannot vote in elections for the President and Vice President.
Eligibility Criteria: To become a member of a State Legislative Council (MLC), a person must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters' list of the state for which he or she is contesting an election.
Powers Of The Legislative Council
If any Bill is passed by the Legislative Assembly and sent to the Council, and the Council refuses to give its approval, then the Assembly has the right to reconsider it.
The assembly may pass it with or without the amendments proposed by the Council, and again send it to the Council.
When a bill approved by the Assembly is sent to the Council for the first time, it may retain it for three months, but in the case when it is sent for the second time and is kept in the Council for one month only, the bill is deemed as having been passed.
All that the Legislative Councilcan do is delay the passing of a money bill by 14 days, a non-money bill by 3 months or a non-money bill that is sent back to it with recommendations by 1 month.
A non-money bill that is passed by the Vidhan Parishad can be rejected by the Vidh an Sabha more than once.
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