What is Constitution Of India Article 171?

Constitution Of India Article 171: Composition of the Legislative Councils

(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed {1}one-third of the total number of members in the Legislative Assembly of that State: Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.

(2) Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).

(3) Of the total number of members of the Legislative Council of a State:

• (a) as nearly as may be, 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;
• (b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years 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;
• (c) as nearly as may be, 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;
• (d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;
• (e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).

(4) The members to be elected under sub-clauses (a), (b) and (c) of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said sub-clauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.

(5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:— Literature, science, art, co-operative movement, and social service.

Note

1. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for one-fourth (w.e.f. 1-11-1956). .

Brief Detail

Article 171 defines the composition of the Legislative Councils in states that have one. It limits the number of members to one-third of the Legislative Assembly's total members, with a minimum of 40 members. The members are elected from various groups such as local authorities, graduates, educators, and Assembly members, with some nominated by the Governor based on expertise in specific fields like literature, science, and social service.

Question & Answers

What is the maximum and minimum number of members in the Legislative Council of a State?

The maximum number of members in a Legislative Council is one-third of the total members of the Legislative Assembly, while the minimum number is 40.

How are the members of the Legislative Council elected?

Members are elected through various electorates, such as members of local authorities, university graduates, teachers, and members of the Legislative Assembly. The election is based on the system of proportional representation using the single transferable vote.

Example

In a state with a Legislative Assembly of 120 members, the Legislative Council may have a maximum of 40 members (one-third). Out of these, 13 members might be elected by local authorities, 4 by university graduates, 4 by teachers, 13 by Assembly members, and the remaining members will be nominated by the Governor for their expertise in literature, science, and social service.

Summary

Article 171 ensures a diverse and balanced composition of the Legislative Councils, with a mix of elected members from various sectors and some nominated for their specialized knowledge, all contributing to a well-rounded legislative body in the states.