# Explained: What Legislative Councils do, and why only six States have one

URL: https://upsc.help/current-affairs/2026-11-03/legislative-councils-role-explained/
Date: 3 November 2026 (2026-11-03)
Source: The Hindu, Page 8
UPSC papers: GS2
Publisher: upsc.help (Pratidin), free and open-source UPSC Civil Services current affairs. Not affiliated with UPSC. Every fact was checked against the source reports by a separate review before publishing.

**In one line:** A Legislative Council is an optional, permanent second House of a State legislature that can revise and delay laws but never overrule the elected Assembly.

Counting in late October 2026 for graduates' and teachers' constituencies of the Legislative Councils of Uttar Pradesh (11 seats: five graduates' and six teachers') and Karnataka (four seats) has revived an old question: what is a State's second House for? Only six States have a Legislative Council (Vidhan Parishad): Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar and Uttar Pradesh. Article 168 lets a State legislature have one House or two. Under Article 169, Parliament may by law create or abolish a Council if the State Assembly passes a resolution by a majority of its total membership and by a majority of not less than two-thirds of members present and voting. Such a law is not treated as an amendment of the Constitution for the purposes of Article 368, so a simple majority in Parliament is enough.

Article 171 fixes the Council's size and make-up. It cannot exceed one-third of the Assembly's strength and can in no case have fewer than 40 members. Roughly one-third of members are elected by local authorities such as municipalities and district boards, one-twelfth by graduates of at least three years' standing living in the State, one-twelfth by teachers of at least three years in institutions not lower than secondary school, and one-third by the MLAs from among non-members; the rest are nominated by the Governor from persons with special knowledge of literature, science, art, the co-operative movement and social service. Elected members are chosen by proportional representation through the single transferable vote. Under Article 172, the Council is not subject to dissolution; about one-third of its members retire every second year, and each member serves six years.

The Council's powers are weaker than the Assembly's, and weaker than the Rajya Sabha's are relative to the Lok Sabha. On an ordinary Bill (Article 197) it can reject, amend or sit on the Bill; the Assembly can pass it again, and after a second transmission the Council can hold it for one more month, after which the Bill is deemed passed in the form the Assembly wants. The maximum delay is about four months, and there is no joint sitting. A Money Bill cannot be introduced in a Council (Article 198), which must return it within 14 days with recommendations the Assembly may reject. The Council of Ministers is responsible only to the Assembly. Supporters say Councils give a second look to hasty laws and a voice to teachers, graduates and local bodies; critics say they cost money, can be used to accommodate leaders who lose direct elections, and can only delay. Tamil Nadu abolished its Council in 1986 and Andhra Pradesh in 1985, before recreating it in 2007.

## Prelims facts

- Six States have Legislative Councils: Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar and Uttar Pradesh.
- Under Article 169, Parliament creates or abolishes a Council by ordinary law after a special-majority resolution of the State Assembly; it is not a constitutional amendment under Article 368.
- A Council cannot exceed one-third of the Assembly's strength and cannot have fewer than 40 members (Article 171).
- A Council can delay an ordinary Bill for about four months at most, and must return a Money Bill within 14 days (Articles 197 and 198).
- The Council is a permanent House: one-third of members retire every second year (Article 172).

## Quick recall

- **Which six States have Legislative Councils?** Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar and Uttar Pradesh.
- **Which Article deals with creation or abolition of Councils?** Article 169.
- **Maximum and minimum size of a Council?** Not more than one-third of the Assembly's strength; not fewer than 40 (Article 171).
- **What share of members is elected by graduates?** One-twelfth (graduates of at least three years' standing).
- **Can a Council be dissolved?** No. It is permanent; one-third of members retire every second year (Article 172).
- **Within how many days must a Council return a Money Bill?** 14 days, with recommendations only (Article 198).
- **Longest delay a Council can impose on an ordinary Bill?** About four months: three months the first time and one month the second (Article 197).
- **Who elects the Chairman of a Legislative Council?** The members of the Council, from among themselves.

## Prelims practice question

With reference to the Legislative Council of a State in India, consider the following statements:
1. A law of Parliament abolishing a Legislative Council is not deemed to be an amendment of the Constitution for the purposes of Article 368.
2. The Legislative Council can be dissolved by the Governor on the advice of the Chief Minister.
3. One-twelfth of the members are elected by teachers of at least three years' standing.
Which of the statements given above are correct?

(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3

Answer: (c) 1 and 3 only. Statement 1 is correct: Article 169(3). Statement 2 is wrong: under Article 172(2) the Council is not subject to dissolution. Statement 3 is correct: Article 171(3)(c).

## UPSC previous-year questions this connects to

- UPSC Mains 2021, GS2: Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (https://upsc.help/pyq/q356-constitutional-provisions-under-legislative-councils-established-review/)
  How to use this story in the answer: Structure the answer around Article 169's two-key procedure, Article 171's composition and the delaying-only powers, then review status with the six States and abolition history.
- UPSC Prelims 2015, Prelims: 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 the Legislative Council of that particular state.
Which of the statements given above is/are correct?
(a) 1 only
(b) 2 only
(c) Both 1 and 2
(d) Neither 1 nor 2 (https://upsc.help/pyq/prelims/#q357)
- UPSC Mains 2026, GS2: Discuss the position of the Governor in the federal polity of India. What is the nature of his power while giving assent to a bill passed by the State Legislature? Is he bound by the aid and advice of his Council of Ministers in all his functions? (https://upsc.help/pyq/q123-position-governor-federal-polity-india-nature-his/)

## Mains practice question

Examine the constitutional provisions on the creation and powers of State Legislative Councils. Do they serve as an effective revising chamber? (250 words)

### Model answer

Article 168 lets a State have a second House, the Legislative Council. Only six States (Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar, Uttar Pradesh) have one, and recent graduates' and teachers' polls in Uttar Pradesh and Karnataka have renewed the debate on its value.

## Creation and composition
- **Article 169:** Parliament creates or abolishes a Council by ordinary law after an Assembly resolution passed by a majority of total membership and two-thirds of those present and voting; not an amendment under Article 368.
- **Article 171:** at most one-third of Assembly strength, at least 40; one-third elected by local authorities, one-third by MLAs, one-twelfth each by graduates and teachers, the rest nominated by the Governor.
- **Article 172:** permanent; one-third retire every second year.

## Powers
- **Ordinary Bills (Article 197):** delay of up to about four months, then deemed passed; no joint sitting.
- **Money Bills (Article 198):** cannot originate in the Council; must be returned within 14 days with recommendations only.
- Council of Ministers responsible to the Assembly alone.

## As a revising chamber
- **For:** second scrutiny of hasty Bills; voice for teachers, graduates and local bodies; continuity as a permanent House.
- **Against:** only delaying power; cost; used to accommodate leaders who lose direct polls; existence depends on the ruling majority (Tamil Nadu abolished its Council in 1986; Andhra Pradesh in 1985, reviving it in 2007).

## Way forward
- A national policy on when States need Councils; stronger committee work.

Councils can be useful revising chambers only if their design and use rise above short-term politics.

## The basics

## Why this matters

India's Parliament has two Houses, but most States have only one. A State's second House, the Legislative Council, is optional, weaker than the Assembly and can be created or abolished by an ordinary law. That makes it a favourite of Prelims and a regular Mains question on whether it is worth keeping.

## Who sits in a Council

The Council is built to represent groups that may not win a direct election. Composition of a Legislative Council is laid down in Article 171.

## How a Council is born or ended

The process is set out in Article 169: Creating and abolishing a Council. It needs both the State and Parliament, but no constitutional amendment.

## What a Council can and cannot do

The Council can debate and revise, but the Assembly always has the last word. The contrast with the Rajya Sabha is sharp, as Legislative Council versus Rajya Sabha explains.

## The debate

Supporters say a second House slows down hasty laws, brings in teachers, graduates and local bodies, and gives continuity because it is never dissolved. Critics say its powers are too weak to matter, that it is costly, and that it is often used to give seats to leaders who could not win directly. The idea itself is older than the Constitution: see Government of India Act, 1935 and bicameralism.

## Sources

- https://kpiasacademy.com/what-role-legislative-councils/
- https://www.constitutionofindia.net/articles/article-169-abolition-or-creation-of-legislative-councils-in-states/
- https://www.constitutionofindia.net/articles/article-171-composition-of-the-legislative-councils/
- https://constitutionofindia.net/articles/article-197-restriction-on-powers-of-legislative-council-as-to-bills-other-than-money-bills/
- https://www.constitutionofindia.net/articles/article-198-special-procedure-in-respect-of-money-bills/
- https://newsonair.gov.in/up-election-commission-declares-results-for-six-legislative-council-seats/