Part VI: The States

Chapter III: The State Legislature - General

Article 171: Composition of the Legislative Councils

--- Original Article ---

(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) one-third shall be elected by electorates consisting of members of municipalities, district boards, and other local authorities in the State;
• (b) one-twelfth shall be elected by electorates of university graduates in the State;
• (c) one-twelfth shall be elected by electorates consisting of persons engaged in teaching in educational institutions within the State;
• (d) one-third shall be elected by members of the Legislative Assembly of the State;
• (e) the remaining members shall be nominated by the Governor, with special knowledge or practical experience in fields such as literature, science, art, cooperative movement, and social service.

(4) Members to be elected under sub-clauses (a), (b), and (c) shall be chosen from prescribed territorial constituencies, following proportional representation through the single transferable vote system.

(5) The members nominated by the Governor must possess expertise in fields such as literature, science, art, cooperative movement, and social service, to enhance legislative deliberation.

Explanation

Article 171 defines the structure of Legislative Councils in states, ensuring a balanced representation from elected officials, educational and professional groups, and expert nominees. It highlights India’s emphasis on consultative and balanced legislative structures.

Clause Analysis

• Clause (1): Membership Cap and Minimum Requirement: The Legislative Council's size cannot exceed one-third of the Assembly, with a minimum of 40 members for fair regional representation.
• Clause (3): Composition of Representation: Ensures the Council includes voices from local governance, education, graduates, and Governor-appointed experts for comprehensive policy discussions.
• Clause (4): Voting Method: Proportional representation using single transferable vote enables balanced representation and prevents single-party dominance.

Amendments

Seventh Amendment Act, 1956: This amendment modified the maximum number of Council members from one-fourth to one-third of Assembly members, allowing larger representation in populous states.

Real-Life Example

• The Karnataka Legislative Council includes members from local government, education, and specialized fields, which has provided balanced input on regional policies, including educational reforms and rural development strategies.

Historical and Contemporary Significance

Legislative Councils were modeled on the British House of Lords to provide experienced and independent insights in governance. Their presence in select Indian states offers a consultative layer in decision-making, ensuring balanced governance across professions and communities.

Legislative History

Initially framed as Article 150 in the Draft Constitution, Article 171 was debated for its role in fostering balanced governance and providing non-partisan expertise in legislative processes. The Seventh Amendment introduced the one-third limit to enhance representation without overwhelming Assembly powers.

Debates and Deliberations

Dr. B.R. Ambedkar introduced Article 171, emphasizing the need for Legislative Councils in states where additional review and expertise are deemed essential. He advocated for Councils to bring intellectual rigor and cross-sectional representation.

Shri H.V. Kamath proposed explicit inclusion of disqualifications in addition to qualifications, ensuring clear eligibility criteria for Council members. This was intended to prevent conflicts of interest and uphold legislative integrity.

Prof. Shibban Lal Saksena recommended reserved seats in Legislative Councils for underrepresented communities, reflecting the necessity for inclusivity. While his proposal was debated, it emphasized the importance of representing diverse demographics within legislative structures.

Pandit Lakshmi Kanta Maitra and Dr. Monmohon Das argued that Councils should serve as platforms for intellectual and professional voices rather than solely political ones. They viewed the Council’s composition as an opportunity to enhance governance by incorporating specialized expertise.

Shri K.T. Shah emphasized the need for strict limits on Council membership to maintain legislative balance and avoid dilution of Assembly powers. He argued that Councils should function as advisory bodies, preserving Assembly authority.

Mr. Naziruddin Ahmad raised concerns about ensuring fair representation for graduates and educators, as their roles in Councils could impact state policies on education and employment. He stressed maintaining a balanced Council membership from across sectors.

Sardar Hukam Singh expressed concerns over Councils acting as potential obstructions to progressive legislation, suggesting a focus on maintaining streamlined decision-making processes without redundant bureaucratic delays.

Dr. Ambedkar concluded by reiterating that the Council should remain an experimental measure, adaptable based on each state’s unique requirements. The Assembly ultimately accepted Article 171, incorporating multiple perspectives and criteria for representation.

References

• Constitution of India, Article 171
• Constitution (Seventh Amendment) Act, 1956