It functions as the upper chamber within the state legislature, often referred to as the Vidhan Parishad, which consists of nominated and indirectly elected representatives.

Creation or Abolition of State Legislative Council

Article 169 of the Constitution allows for the establishment or dissolution of legislative councils within state assemblies.

• Creation: 
  • Resolution of assembly: The state legislative assembly holds the authority to propose a resolution to establish a legislative council in the state legislature. This resolution must receive approval from a majority of the total membership of the legislative assembly and from at least two-thirds of the assembly members who are present and voting. This specific requirement is termed a ‘special majority’.
  • Role of the parliament: Subsequently, Parliament may enact legislation based on this resolution to create the legislative council within the state legislature. 
• Abolition: A legislative council that exists within a state legislature can be abolished through a law passed by Parliament, contingent upon a resolution from the respective state legislative assembly, which has been approved with a ‘special majority’. 

It is important to note that when Parliament enacts a law regarding the creation or dissolution of a legislative council, such legislation is approved by a simple majority in both houses of Parliament. This type of law does not qualify as a constitutional amendment under Article 368.

State Legislative Council Composition

Article 171 of the Constitution outlines the composition of legislative councils in states. .

• Maximum strength: The total membership of a state’s legislative council must not exceed one-third of the total membership of the corresponding state legislative assembly. .
• Minimum strength: The legislative council must consist of at least forty members.

State Legislative Council Election and Nomination of Members

• Elected members: Members are chosen through indirect elections using a system of proportional representation with the single transferable vote. The election process is as follows:
  • 1/3rd members are elected by members of municipalities, district boards and other local authorities in the state that parliament by law may specify.
  • 1/12th of the members are elected by residents of the state who have graduated from any university in India and have been graduates for at least three years. 
  • 1/12th of the members are elected by individuals residing in the state who have been teaching for at least three years in educational institutions that are not lower than secondary school level. –
  • 1/3rd of the members are elected by the Members of the Legislative Assembly of the state from among individuals who are not assembly members
• Nominated members: The remaining members of the legislative council are selected by the Governor from individuals with specialized knowledge or practical experience in areas such as Literature, Science, Art, cooperative movements, and social service.

Parliament also has the authority to modify the aforementioned election process through legislation.

State Legislative Council Duration

• Continuing house: The legislative council in a state legislature operates as a continuing body, similar to the Rajya Sabha at the national level. 
• Cannot be dissolved: Unlike the legislative assembly, the legislative council is not subject to dissolution. 
• Can be abolished: In contrast to the Rajya Sabha, however, the legislative council can be dismantled through a parliamentary law. 
• Tenure of members: Members of the legislative council serve a term of six years. Every two years, one-third of the members retire, which allows for their re-election or re-nomination. 

State Legislative Council Qualifications for Membership

To qualify as a member of the state legislature, an individual must be:

• Citizen of India
• At least 25 years old for the legislative assembly. 
• At least 30 years old for the legislative council. 

The parliament through a law can prescribe for additional qualifications. The Representation of People’s Act, 1951 passed by the parliament provides for such additional qualifications as follows-

• Candidates must be from a scheduled caste community to run for seats designated for scheduled castes, and the same holds true for seats reserved for scheduled tribes. 
• A candidate must be an elector for any Assembly constituency in the State from where they are contesting an election.

State Legislative Council Members Disqualifications

Article 191 of the Constitution specifies the grounds for disqualification.

• if a member hold an Office of Profit under central or state government (other than an office exempted by the law of the state legislature)
• if a member is of unsound mind  
• if a member is an undischarged insolvent, meaning they are under debts and unable to pay any of their debts.
• if a member is not a citizen of India, or has acquired the citizenship of any other country, or they have their allegiance to a foreign country 

Authority to decide on disqualification: 

• It is the Governor, in consultation with the Election Commission of India, who decides on the matters of disqualification on the basis of above mentioned grounds. 
• The President’s decision in such matters is conclusive.
• The opinion tendered by the ECI in such matters is binding on the Governor.

Disqualification based on defection: 

• The member can also be disqualified on the grounds of defection under the 10th schedule of the constitution. 
• The Speaker of the legislative assembly or the Chairman of the legislative council has the authority to make decisions regarding the disqualification of a member based on anti-defection law provisions. 
• Such decisions by the Speaker or Chairman are final. However, the Supreme Court in Kihoto Hollohan vs. Zachillhu (1992) determined that the Speaker or Chairman’s decisions under anti-defection law are subject to judicial review.

The Representation of People’s Act, 1951 passed by the Parliament also mentions additional grounds of disqualifications like corrupt practices, conviction by courts, conflict of interests, etc.

Vacation of Seats

Under Article 190, constitution mentions about vacation of seats:

• Double membership: An individual cannot be a member of both houses of the state legislature. If a person is elected to both houses, their position in one of the houses becomes vacant according to provisions established by the state legislature.
• Membership of two state legislatures: If someone is elected as a member of the legislatures of multiple states, they must decide on one state legislature to remain a member of within a specific timeframe. If they do not make a choice, their seat in all legislatures will become vacant.
• Resignation: A member can resign from their seat by writing to the Speaker or the Chairman, as the case may be. The Speaker or the Chairman checks the genuineness of the resignation and only the ‘voluntary resignations’ are accepted. After acceptance of such resignation by the presiding officer, the seat of a member becomes vacant.
• Disqualification: A person can be disqualified on any of the grounds mentioned under Article 191 of the constitution or RPA, 1951 or under anti-defection law.
• Absence from the legislature: If a member of state legislature remains absent, without permission of the house from all meetings for a period of sixty days the house may declare their seat vacant.

A member’s seat in the state legislature may also become vacant in the following situations:

• If the election results of a member in the state legislature are declared invalid.  
• If a member is expelled from the house.  
• If the member is elected to the offices of President, Vice President, or Governor of the State.  

Oath or Affirmation of Members

Under Article 188, every member of a State’s Legislative Assembly or Legislative Council must take an oath as outlined in the third schedule. The oath is administered by the Governor or a designated representative. The Governor appoints a Speaker Pro Tem for this purpose. Unless a member takes the oath, they cannot vote or participate in the House’s proceedings and are ineligible for the privileges and immunities of the state legislature..

Privileges and immunities enjoyed by MLAs are similar to those enjoyed by the MPs. The parliamentary privileges are discussed in detail in the chapter on Union Legislature.