MLC polls for 28 seats revive debate on role of Legislative Councils
Elections to 28 Legislative Council seats in Uttar Pradesh, Bihar, Maharashtra and Karnataka have renewed debate on State Upper Houses. Supporters see Councils as revising chambers that add expertise. Critics question their legitimacy, cost and use for political patronage, given their limited powers.
Event date:
The brief in 6 cards
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Note1 / 6
WHY IN NEWS?
- Elections were held on 23 October 2026 for 28 Legislative Council seats in Uttar Pradesh, Bihar, Maharashtra and Karnataka.
- Many of these seats belong to graduates' and teachers' constituencies.
- The results have renewed debate on the relevance, democratic legitimacy and functioning of Legislative Councils.
- That debate centres on their limited powers, their political use and how well they work as revising chambers.
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KEY CONCEPTS
- Which States have a Legislative Council?
Six States have one: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana. Article 168 provides for two Houses in these States.
- How is a Council created or abolished?
Under Article 169, the State Assembly first passes a resolution by a special majority. That means a majority of its total membership and two-thirds of members present and voting. Parliament then passes an ordinary law.
- Can a Council be dissolved?
No. Article 172 makes it a permanent House. Members serve six years, and one-third retire every two years.
- Where did State Councils come from?
The Government of India Act, 1935 created bicameral legislatures in six provinces. Voting for them was initially open to only a few people.
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COMPOSITION AND ELECTION
Article 171 caps a Council at one-third of the Assembly's strength, with a minimum of 40. The table shows how its seats are filled.
Category Share of seats Who chooses them Local authorities 1/3 Members of municipalities, district boards and similar local bodies MLAs 1/3 Members of the Legislative Assembly Graduates 1/12 Graduates of at least three years' standing living in the State Teachers 1/12 Teachers with three years' service in secondary schools or higher Nominated 1/6 The Governor - Election method: Elected members are chosen by proportional representation through the single transferable vote.
- Nominations: The Governor nominates people with special knowledge of literature, science, art, the cooperative movement or social service.
- Eligibility: A member must be at least 30 years old. A professional can thus enter the legislature without contesting a direct Assembly election.
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POWERS COMPARED WITH THE ASSEMBLY
The Council can delay, but the Assembly has the final say. The table shows the gap.
Matter Council's power Provision Ordinary Bills Can delay a Bill by three months, and by one month after the Assembly passes it again Article 197 Money Bills Can only recommend changes within 14 days; the Assembly may reject them Article 198 Demands for grants Cannot vote on them; the Assembly controls finance Article 203 Executive control The Council of Ministers answers only to the Assembly Article 164 Deadlocks No joint sitting; the Assembly's view prevails – -
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THE DEBATE
The case for and against Councils rests on how their role is weighed. The table sets out both sides.
Argument for Argument against A second look at Bills, as the delay under Article 197 allows Members are mostly elected indirectly or nominated, so their direct mandate is weak Experts such as scientists and academics can be nominated Salaries and infrastructure add public cost Local bodies get a voice in State policy Seats can be used to accommodate defeated politicians Staggered retirement keeps experience in the House It cannot permanently block Assembly laws, so its check is limited More space for opposition scrutiny of government Creation and abolition depend on whichever party rules the State This card sets out documented positions. It does not adjudicate between them.
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WAY FORWARD
These are suggested measures, not approved policy.
- Set objective criteria for creating and abolishing Councils. A parliamentary standing committee recommended a national policy in 2013.
- Strengthen subject committees to address the scrutiny gap identified by PRS Legislative Research.
- Make nominations on merit, drawing genuine experts from the five fields named in the Constitution.
- Consider the Second Administrative Reforms Commission's 2007 proposal to turn Councils into bodies elected by local-government representatives.
- Introduce performance and expenditure audits of how Councils function.
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Sources
- The Hindu (coaching-note attribution; original page not directly accessed) · Explainer, Page 8, as supplied by editor; source article not directly accessed · 3 November 2026
- AIR News (editor-supplied link; fetch failed) · MLC polling underway in UP, Bihar, Maharashtra and Karnataka; original supplied URL could not be opened · 23 October 2026
- DD India (ANI) · Vote counting for 28 MLC seats, polling on 23 October 2026 · 27 October 2026
- The Indian Express · 28 graduate and teacher MLC constituencies; result coverage · 27 October 2026
- Manorama Yearbook · Explainer: Legislative Council elections, constitutional provisions and six States · 30 October 2026
- Government of India — Constitution of India · Articles 164, 168–173, 197, 198, 203; continuously maintained constitutional reference; edition_date is consultation-date placeholder · 3 November 2026
- Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice (via PRS) · Report on Rajasthan Legislative Council Bill, 2013; recommendation on a national policy · 9 December 2013
- Second Administrative Reforms Commission, Government of India · Sixth Report: Local Governance; date is official presentation date, not verified document publication day · 27 November 2007
Syllabus
| Paper | Subject | Sub-topic |
|---|---|---|
| GS2 | Polity | Structure and functioning of State legislatures, and comparison of constitutional schemes |
| Prelims | Polity | Indian polity; Articles 168–172, 197, 198, Legislative Councils, composition and powers |
Topics
Related previous-year questions
Asked in earlier UPSC Prelims papers on this topic. Answer, then check.
Consider the following statements: 1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State. 2. The Governor of a State nominates the Chairman of Legislative Council of that particular State. Which of the statements given above is/are correct?
Show answer
Answer: D. VERDICT: The answer is neither 1 nor 2. The Legislative Council cannot exceed one third of the Assembly, and its Chairman is elected by the Council itself. ANALYSIS: Statement 1 is INCORRECT. Article 171(1) caps the strength of a State Legislative Council at one third of the total membership of that State's Legislative Assembly, subject to a minimum of forty, so it can never be larger than half the Assembly. Statement 2 is INCORRECT. The Chairman of the Legislative Council is elected by the members of the Council from among themselves, in the same way the Speaker is elected by the Assembly. The Governor nominates one sixth of the Council's members, which is the fact the distractor is built from. SOURCE: Articles 171(1) and 172 of the Constitution. Source type RM. HOW TO CRACK IT: Statement 2 is a partial truth with the object swapped, since the Governor does nominate members but does not choose the presiding officer. Whenever an option gives an authority a power adjacent to one it really holds, check exactly which object the real power attaches to. On the numbers, hold the Council composition as fractions: one third of the Assembly as the ceiling, one sixth nominated by the Governor, and one third each from local bodies and from the Assembly's own members.
Difficulty: hard · statement
Open this question on its own page, with the full explanation →
Practice questions
With reference to the Legislative Council of a State, consider the following statements: 1. It can be abolished by an Act of Parliament after the State Assembly passes a resolution by special majority; 2. Such an Act is treated as an amendment of the Constitution under Article 368; 3. The Council is not subject to dissolution. Which of the statements given above are correct?
Show answer
Answer: B. Article 169 says such a law is not deemed a constitutional amendment under Article 368; Article 172 makes the Council permanent.
Difficulty: medium · statement
In the Legislative Council of a State, which of the following groups elects one-twelfth of the members? 1. Graduates residing in the State; 2. Teachers in secondary schools and above; 3. Members of local authorities. Select the correct answer:
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Answer: B. Graduates and teachers each elect one-twelfth; local authorities elect one-third.
Difficulty: medium · statement
A Money Bill passed by a State Legislative Assembly is sent to the Legislative Council. Which one of the following is correct?
Show answer
Answer: C. Under Article 198 the Council can only recommend within 14 days, and the Assembly may accept or reject the recommendations.
Difficulty: easy · statement
Mains practice
Answer-writing practice on this article. Attempt it first, then open the hints.
Legislative Councils are often called "costly and redundant". Critically examine their role in State legislatures and suggest reforms.
Show hints
- Explain Articles 168–172 and composition
- contrast Council and Assembly powers
- weigh scrutiny and expertise against weak legitimacy and patronage
- cite the 2013 committee's call for a national policy and the Second ARC's proposal
- conclude on criteria-based reform