Explained: What Legislative Councils do, and why only six States have one
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.
Published 3 November 2026. Written by Pratidin from the reports linked at the end; every fact checked by a separate review before publishing. How we work
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?
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Show answer
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).
Use this in UPSC Mains: previous-year questions
Recurring theme: State legislatures: bicameralism and the role of Legislative Councils
- How to use this
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.
- Article 169: Assembly resolution by majority of total membership and two-thirds present and voting, then a law of Parliament not deemed an Article 368 amendment.
- Only six States have Councils: Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar and Uttar Pradesh; Andhra Pradesh abolished its Council in 1985 and recreated it in 2007.
- Powers are limited: about four months' delay on ordinary Bills (Article 197), 14 days on Money Bills (Article 198), no joint sitting.
The Governor's assent to State Bills is part of the same State law-making process, but the question is about the Governor rather than the Council.
Article 171 caps a Council at one-third of the Assembly, and the Council elects its own Chairman. Answer: (d).
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.
- 1One-thirdElected by members of municipalities, district boards and other local authorities
- 2One-thirdElected by MLAs from among persons who are not MLAs
- 3One-twelfthElected by graduates of at least three years' standing living in the State
- 4One-twelfthElected by teachers of at least three years in institutions not below secondary school
- 5The rest (about one-sixth)Nominated by the Governor for literature, science, art, co-operative movement and social service
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.
- 1Assembly resolutionPassed by a majority of total membership and two-thirds of members present and voting
- 2Parliament's lawPassed by a simple majority in both Houses
- 3Not an amendmentArticle 169(3): the law is not an amendment for the purposes of Article 368
- 4Council created or abolishedExample: Andhra Pradesh abolished its Council in 1985 and recreated it in 2007
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.
- Can delay an ordinary Bill by about four months, then it is deemed passed
- No joint sitting to resolve deadlock
- Must return a Money Bill within 14 days
- Can be abolished by an ordinary law of Parliament
- Equal power on ordinary Bills; it can block them
- Deadlock resolved by a joint sitting under Article 108
- Must return a Money Bill within 14 days
- Cannot be abolished without a constitutional amendment
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.
Go deeper
Why it matters for UPSC
Councils are tested in Prelims almost every few years (size, composition, Money Bills, creation) and appeared in GS2 Mains in 2021. The recent graduates' and teachers' polls in Uttar Pradesh and Karnataka give a fresh peg.
The core idea
Under Article 169: Creating and abolishing a Council, a Council exists only if a State asks and Parliament agrees. Its Composition of a Legislative Council is designed to bring in local bodies, graduates, teachers and experts. Its powers are far weaker than those of the Rajya Sabha, as Legislative Council versus Rajya Sabha shows: it can delay an ordinary Bill by about four months and a Money Bill by 14 days. The idea of a provincial upper house came from the Government of India Act, 1935 and bicameralism.
Numbers and dates to remember
- 6 States with Councils: Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar, Uttar Pradesh.
- Size: at most one-third of the Assembly, at least 40.
- 1/3 local authorities, 1/3 MLAs, 1/12 graduates, 1/12 teachers, rest nominated.
- One-third retire every second year; six-year term.
- Delay: three months plus one month on ordinary Bills; 14 days on Money Bills.
- Tamil Nadu abolished in 1986; Andhra Pradesh abolished in 1985, recreated in 2007.
Where to go next
- Article 169: Creating and abolishing a Council: how a Council is created or ended.
- Composition of a Legislative Council: who sits in it and how they are chosen.
- Legislative Council versus Rajya Sabha: why the State's upper house is weaker.
- Government of India Act, 1935 and bicameralism: where the idea came from.
Go deeper: revising chamber or political convenience?
The case for Councils. A second House can slow down legislation passed in haste and give it a second reading. The Composition of a Legislative Council brings in voices that rarely win Assembly seats: teachers, graduates, local body members and nominated experts. Because the Council is never dissolved, it gives continuity when an Assembly is dissolved early. Members of the Constituent Assembly who supported Councils made these arguments.
The case against. The Council's powers are only to delay. On an ordinary Bill, the Assembly simply passes it again and the Council can hold it for one more month. There is no joint sitting, unlike Parliament (see Legislative Council versus Rajya Sabha). Critics say Councils add cost and are used to accommodate party leaders who lose or avoid direct elections. The graduates' and teachers' seats are also criticised for privileging educated groups.
The politics of creation and abolition. Article 169: Creating and abolishing a Council makes the existence of a Council depend on the majority of the day in the State and in Parliament. Andhra Pradesh abolished its Council in 1985 and revived it in 2007; Tamil Nadu abolished its Council in 1986. This on-off pattern suggests Councils have often been decided by political calculation rather than a settled view of their value.
Balance. An answer can argue that Councils are useful when they work through committees and expert scrutiny, and that a uniform national view on which States need them would reduce their politicisation. The idea itself goes back to the Government of India Act, 1935 and bicameralism.
Article 169: Creating and abolishing a Council
The two-key procedure, State resolution plus Parliament's law, that decides whether a Council exists.
In one line: Article 169 lets Parliament create or abolish a State's Legislative Council by ordinary law, but only after the State Assembly asks for it by a special majority.
The procedure
First, the Legislative Assembly passes a resolution by a majority of its total membership and by a majority of not less than two-thirds of the members present and voting. Second, Parliament passes a law to give effect to it. The law can contain amendments to the Constitution needed for the change, such as altering lists of States with Councils, but Article 169(3) says it is not deemed to be an amendment of the Constitution for the purposes of Article 368. So Parliament needs only a simple majority, and no ratification by States.
Why it matters
Parliament is not bound to act on a resolution; bills based on State resolutions can lapse. This two-key design gives the State the initiative and Parliament the final say.
Where to go next
Composition of a Legislative Council
Who sits in a Council and how they are elected.
In one line: A Council mixes members elected by local bodies, MLAs, graduates and teachers with members nominated by the Governor, all within a size cap of one-third of the Assembly.
The formula (Article 171)
The Council cannot be larger than one-third of the Assembly and cannot have fewer than 40 members. As nearly as possible, one-third are elected by members of municipalities, district boards and other local authorities; one-twelfth by graduates of at least three years' standing living in the State; one-twelfth by teachers who have taught for at least three years in institutions not lower than secondary school; and one-third by MLAs from among persons who are not MLAs. The rest are nominated by the Governor from people with special knowledge or practical experience in literature, science, art, the co-operative movement and social service. Elections use proportional representation by single transferable vote.
Tenure and qualification
Members serve six years; one-third retire every second year. A member must be at least 30 years old (Article 173). The Council elects its own Chairman.
Where to go next
Legislative Council versus Rajya Sabha
Why the State upper house is much weaker than Parliament's.
In one line: Both are permanent upper houses, but the Rajya Sabha shares equal power on ordinary laws, while a Legislative Council can only delay.
Ordinary Bills
In Parliament, if the two Houses disagree on an ordinary Bill, the President can call a joint sitting under Article 108. In a State, there is no joint sitting. Under Article 197, if the Council rejects a Bill, amends it in ways the Assembly rejects, or does not pass it within three months, the Assembly can pass it again. If the Council again rejects it or sits on it for one month, the Bill is deemed passed in the Assembly's form. A Bill that starts in the Council and is rejected by the Assembly simply dies.
Money Bills and other powers
Both upper houses must return a Money Bill within 14 days and can only recommend changes. Neither can remove the government; the State Council of Ministers is responsible only to the Assembly. Unlike the Rajya Sabha, a Council has no role in electing the President and can be abolished by ordinary law.
Where to go next
Government of India Act, 1935 and bicameralism
Where the idea of a provincial upper house came from.
In one line: The Government of India Act, 1935 gave six provinces two-House legislatures, and the Constitution kept the idea but made it optional and weaker.
The 1935 design
Under the 1935 Act, the provinces of Madras, Bombay, Bengal, the United Provinces, Bihar and Assam had a Legislative Council as well as a Legislative Assembly. The franchise was restricted, and the Councils were meant as conservative checks on popular Assemblies.
What the Constitution changed
The Constituent Assembly debated whether States needed second Houses. Supporters wanted a revising chamber and representation for special groups; opponents feared delay, cost and an elitist House. The compromise was Article 168, which lets each State choose, and Article 169, which lets the choice be changed by ordinary law. The directly elected Assembly was given clear supremacy.
Where to go next
Take the 3 November 2026 quiz: 30 Prelims-style questions with answers