सं Samvidhan

The 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 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.

Why this exists

The Constituent Assembly wanted some States to optionally have a second legislative chamber — a 'revising' body — but did not want it to become a rival power center or an unelected aristocracy like the old colonial-era Councils. So Article 171 caps its size, guarantees a minimum for functionality, and deliberately mixes elected voices (local bodies, graduates, teachers, MLAs) with a small number of Governor-nominated experts. This blend was meant to bring in local governance experience, intellectual and educational perspectives, and specialist knowledge that might not emerge from ordinary electoral politics, while keeping the Council clearly subordinate in size and power to the directly elected Assembly.

How courts read it

There is limited landmark case law interpreting Article 171 itself, since disputes over Legislative Councils are relatively rare compared to Assembly matters. Courts have generally treated the 'as nearly as may be' language as giving legislatures and election authorities some flexibility in seat allocation, and have deferred to Parliament's power under clause (2) and clause (4) to define constituencies and electoral rules. No single Supreme Court judgment is widely considered to have reshaped this Article's meaning.

Common misconceptions
  • Myth: Every Indian state has a Legislative Council.
    Fact: Only some states have opted to create one; Article 171 only applies where such a Council exists.
  • Myth: The Legislative Council is elected the same way as the Legislative Assembly, by ordinary voters.
    Fact: Council members are chosen through several separate special electorates (local bodies, graduates, teachers, MLAs) plus Governor's nominees — not through general public elections.
  • Myth: The Governor can nominate anyone to the Council.
    Fact: Clause (5) requires nominees to have special knowledge or practical experience in specific fields like literature, science, art, the co-operative movement, or social service.