State Legislative Council or Vidhan Parishad
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India follows a bicameral system at both the centre and state level. Under this system, the state’s legislature is divided into two parts – Legislative Assembly or Vidhan Sabha and Legislative Council or Vidhan Parishad.
Members of the Legislative Assembly are directly elected by the people through assembly elections. Vidhan Parishad or Legislative Council is a permanent body, which can be formed or abolished when the Legislative Assembly passes a special resolution.
The Legislative Council is the upper house of the state. Its establishment is defined in Article 168 of the Constitution of India.
As of January 2020, 6 out of 28 states have a State Legislative Council. The states with bicameral legislature include Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. These states have both the Legislative Council and Legislative Assembly.
Eligibility to be a member of State Legislative Council
To become a member of a State Legislative Council (MLC), a person must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters’ list of the state for which he or she is contesting an election. He or she may not be a Member of Parliament and Member of the State Legislative Assembly at the same time.
Tenure of Members
The tenure of the MLCs are six years. One-third of the members of State Legislative Council retire after every two years.
Member Composition
The size of the State Legislative Council cannot be more than one third of the membership of the State Legislative Assembly. However, its size cannot be less than 40 members.
MLCs are chosen in the following manner
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One third are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.
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One third are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
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One sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
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One twelfth are elected by persons who are graduates of three years’ standing residing in that state.
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One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.
Role of State Legislative Council
The State Legislative Council also have no role in the passing of money bills. But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status of Cabinet Ministers in the state.
Difference between the Legislative Assembly and the Legislative Council
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The term of the Legislative Assembly is five years unless it is dissolved earlier on the request of the chief minister. The tenure of the members of the council is six years, and a third of the members of the House retire after every two years.
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Legislative Assembly is the lower house, much like the Lok Sabha of the Parliament. Legislative Council is the upper house in the state and like the Rajya Sabha, it is a permanent House.
Assam Legislative Council
The Assam Legislative Council was the unicameral legislature of Assam in India from 1913 to 1935 and then the upper house of the bicameral legislature from 1935 to 1947, when it was abolished by the India (Provincial Legislatures) Order, 1947.
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