Introduction
Unlike the national Parliament where bicameralism is mandatory, in Indian states legislative councils exist in only six out of 28 fincal states: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. Under Article 169 of the Constitution, State Assemblies can propose creation or abolition of a Council—but only by passing a special majority resolution. The final decision rests with Parliament, which enacts enabling legislation, followed by Presidential assent. While councils aim to provide legislative review and expert input, their utility and cost remain contested—making creation a politically charged issue.
Step‑by‑Step Creation Process
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State Assembly Resolution
The state legislative assembly must pass a resolution in favor with a special majority — that is:-
A majority of the total membership of the Assembly, and
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At least two‑thirds of members present and voting.
Only upon meeting both thresholds does the process move forward. Drishti IAS+2UPPCSMagazine+2Manorama Yearbook+2Wikipedia+5Vajiram & Ravi+5Next IAS+5Constitution Simplifiedias4sure.com+11Constitution of India+11Drishti IAS+11
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Parliamentary Action
Following the state resolution, Parliament enacts a regular bill (simple majority) to create the Council. Although such a change affects the Constitution, Article 169 excludes it from being counted as a formal constitutional amendment under Article 368. Constitution of IndiaUPPCSMagazineTestbook -
Presidential Assent
Once Parliament passes the law, it is sent to the President. Upon assent, the Council is formally established from an official start‑date. UPPCSMagazine
Council Composition & Features
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Strength: A Council cannot exceed one‑third the size of its Assembly and must have at least 40 members, per Article 171. The Times of India+15Compass by Rau's IAS+15ias4sure.com+15
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Tenure: Members serve six-year terms, with one‑third retiring every two years, ensuring continuity. Next IAS+3Vajiram & Ravi+3Testbook+3
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Manner of Election:
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1/3 by local authority members (municipalities, district boards),
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1/3 elected by the Assembly (from non‑MLAs),
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1/12 by graduates,
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1/12 by secondary‑level teachers,
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1/6 nominated by the Governor for their expertise.
Elections use proportional representation via STV. Reddit+7Compass by Rau's IAS+7Vajiram & Ravi+7
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Powers: The Council plays a review role, especially on ordinary legislation—but bills ultimately pass through the Assembly if repeated. Money bills can be delayed only for 14 days. Councils can discuss demands for grants but cannot vote on them. Article 197 highlights Assembly dominance. Reddit+5Drishti IAS+5Wikipedia+5
Recent Dynamics & State-Level Developments
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West Bengal: On May 6, 2021, the state Assembly passed a resolution (supported by over 196 of 265 MLAs) favoring re‑creation of its Legislative Council—paralleling historical precedent prior to its abolition in 1969. Manorama Yearbook+1Testbook+1
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Andhra Pradesh: After re‑establishing its Council in 2007, the state revived abolition efforts in 2020, sending a resolution to Parliament. However, continued political debate surrounds the Council’s existence. Testbook
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Assam: Its Assembly passed a resolution in July 2013 to create a Council of 42 members, but the bill has not yet completed the parliamentary process. Wikipedia
Six states currently have Councils—the same ones listed above. Jammu & Kashmir’s Council was abolished in 2019 during reconstitution as a Union Territory. WikipediaWikipedia
Arguments For & Against Councils
✅ Advantages
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Deliberative check: Councils provide additional time for scrutiny of legislation—reducing rush or flaws in lawmaking. Next IASDrishti IAS
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Expert representation: The nominated seats and elected graduates/teachers bring diversity of professional and social backgrounds into legislative discourse. Drishti IAS+13Compass by Rau's IAS+13Testbook+13
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Institutional stability: Councils are perpetual bodies (not subject to dissolution), allowing continuity, especially during Assembly turnover. Wikipedia+15Vajiram & Ravi+15Wikipedia+15
❌ Criticisms
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Limited power: Councils cannot block legislation passed twice by the Assembly, and have no authority over finance bills. They remain subordinate by design. Wikipedia
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Political patronage: Critics argue councils are often used to negotiate political rewards or accommodate non‑electoral figures, weakening democratic legitimacy. Next IASDrishti IAS
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Financial burden: Maintenance costs versus perceived legislative payoff draw scrutiny, especially in states with tight budgets. Next IASDrishti IAS
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Effectiveness debates: Frequently accused of being ornamental and delaying legislation, their real value remains in question. Next IASTestbook
Reform Imperatives: Enhancing Relevance
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Clarify Council function and powers
Consider revising rules to enhance meaningful review—or limit time frames to prevent unnecessary delay. -
Select experts, not patronage
Institutionalise nomination criteria to prioritize individuals with proven public service, innovation, or domain expertise. -
Ensure legislative contribution
Mandate provider institutions: require Councils to hold public hearings, invite expert testimony, and issue published recommendations on bills. -
Cost-benefit transparency
Publish annual performance and expenditure reports comparing cost per legislative hour, or policy interventions by councils. -
Educate electorate on Council value
Civic campaigns highlighting the indirect electorate (graduates, teachers, local bodies) and the council’s deliberative role can legitimize its existence.
Conclusion
State Legislative Councils are constitutionally optional second chambers, established via Article 169 only after state assembly resolutions and parliamentary enactments. Their design offers deliberative checks, expert input, and staggered continuity—but they face recurring criticism over limited constitutional powers, cost, and susceptibility to political patronage.
Recent resolutions—from West Bengal, Assam, Andhra Pradesh and others—underscore continuing debates about legislative structure. Ultimately, decisions to create or abolish a Council hinge on political will, cost‑benefit perceptions, and the desire for an advisory chamber. To enhance relevance, reforms must strengthen Council contributions, ensure public accountability, and prioritize expertise over patronage.