Explainer - What is Legislative Council election?

• Legislative Council elections in 28 seats across four states – Uttar Pradesh, Maharashtra, Bihar and Karnataka — were held on October 23.

• The NDA partners won 16 seats, the SP five, the NCP (SP) two and the Congress, the RJD and the Jan Suraaj Party one seat each. Two Independent candidates in Bihar emerged victorious. 

• Elections to the six teachers’ and five graduates’ constituencies in Uttar Pradesh, four each in Bihar, two each in Karnataka, and three graduates’ and two teachers’ constituencies in Maharashtra were held.

• Only graduate and teacher voters are eligible to participate in these elections. 

• Ballot papers are used for polling.

What is Legislative Council?

• In India, six states follow a bicameral system, wherein the legislature is divided into Legislative Assembly and Legislative Council.

• Six states that have a Legislative Council are: Maharashtra, Telangana, Uttar Pradesh, Andhra Pradesh, Karnataka and Bihar.

• Before bifurcation in 2019, Jammu & Kashmir also had Legislative Council.

• Article 169 of the Constitution grants every state the right to create or abolish the Legislative Council. 

• According to Article 169, Parliament may by law provide for the abolition of the Legislative Council or for the creation of such a council if the Legislative Assembly passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.

Selection for Legislative Council

• The total strength of the Legislative Council should not exceed one-third of the total number of members of the Legislative Assembly, but it should not be less than 40.

• Article 171 of the Constitution deals with the selection process of the Legislative Council.

• One-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the state as Parliament may by law specify.

• One-third shall be elected by the members of the Legislative Assembly from among persons who are not members of the Assembly.

• One-twelfth shall be elected by electorates consisting of persons residing in the state who have been for at least three-year graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university.

• One-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the state, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament.

• The remainder shall be nominated by the Governor.