Quick answer: A Legislative Council (Vidhan Parishad) is the upper house of a state legislature, created or abolished by Parliament under Article 169 on the request of the State Assembly. It was in the news in October 2026 when elections to 28 graduates’ and teachers’ seats in Uttar Pradesh, Bihar, Maharashtra and Karnataka were held on 23 October, with counting on 27 October.
Why the Legislative Council is in the news
The Election Commission announced on 22 September 2026 that polls would be held for 28 Council seats whose members retire in November and December 2026, according to a PTI report. Voting took place on 23 October and counting began on 27 October, as reported by DD India.
| State | Seats polled | Graduates’ constituencies | Teachers’ constituencies |
|---|---|---|---|
| Uttar Pradesh | 11 | 5 (Lucknow, Varanasi, Agra, Meerut, Allahabad-Jhansi) | 6 (Lucknow, Varanasi, Agra, Meerut, Bareilly-Moradabad, Gorakhpur-Faizabad) |
| Bihar | 8 | 4 (Patna, Darbhanga, Tirhut, Kosi) | 4 (Patna, Darbhanga, Tirhut, Saran) |
| Maharashtra | 5 | 3 (Pune, Nagpur, Chhatrapati Sambhajinagar) | 2 (Pune, Amravati) |
| Karnataka | 4 | 2 | 2 |
The polls revived the old debate on why only a few states keep a second chamber.
Key facts about the Legislative Council
- Article 168: a state legislature may have one House (unicameral) or two Houses (bicameral).
- Article 169 (creation and abolition): Parliament may create or abolish a Council by law if the State Assembly passes a resolution by a special majority, that is, a majority of the total membership and two-thirds of members present and voting. Such a law is not treated as an amendment of the Constitution under Article 368, so Parliament passes it by a simple majority.
- Article 171 (size): the Council can have at most one-third of the Assembly’s strength and not fewer than 40 members.
- Permanent house: it is not dissolved; members serve six years and one-third retire every two years.
- Minimum age: 30 years for an MLC, against 25 for an MLA.
- Voting method: elected members are chosen by proportional representation through the single transferable vote.
- Presiding officer: a Chairman elected by the members from among themselves.
How Council members are chosen (Article 171)
| Share of seats | Chosen by |
|---|---|
| 1/3 | Members of local bodies such as municipalities and district boards |
| 1/3 | MLAs, from among persons who are not members of the Assembly |
| 1/12 | Graduates of at least three years’ standing living in the state |
| 1/12 | Teachers with at least three years’ service in institutions not lower than secondary school |
| 1/6 | Nominated by the Governor from persons with special knowledge of literature, science, art, the cooperative movement and social service |
Memory tip: five-sixths of members are elected and one-sixth nominated.
States that have a Legislative Council today
| State | Council strength |
|---|---|
| Uttar Pradesh | 100 |
| Maharashtra | 78 |
| Bihar | 75 |
| Karnataka | 75 |
| Andhra Pradesh | 58 |
| Telangana | 40 |
So six states are bicameral as of 1 November 2026. Jammu and Kashmir had a Council until the Jammu and Kashmir Reorganisation Act, 2019. Tamil Nadu and West Bengal abolished their Councils earlier, and West Bengal’s Assembly later passed a resolution to revive one.
Powers: Council compared with the Assembly
| Matter | Legislative Assembly | Legislative Council |
|---|---|---|
| Ordinary Bill | Has the final say | Can only delay: up to three months the first time and one month the second time (Article 197) |
| Money Bill | Introduced only here | Cannot reject or amend; must return it within 14 days with or without recommendations (Article 198) |
| Deadlock | No joint sitting at state level, unlike Article 108 for Parliament | |
| Council of Ministers | Ministry is responsible to it; can pass no-confidence motion | Can ask questions and debate, but cannot remove the government |
| Presidential election | Elected MLAs vote | MLCs do not vote |
| Existence | Dissolved at end of term | Permanent, but can be abolished under Article 169 |
Exam angle: how NDA, CDS and CAPF can ask this
- The 1/3, 1/3, 1/12, 1/12, 1/6 composition and the minimum strength of 40 are classic CDS and CAPF polity questions.
- The fact that an Article 169 law is not a constitutional amendment under Article 368 is a common trap in statement questions.
- Listing the six bicameral states, or spotting the odd one out, suits NDA general ability papers.
Practice MCQs
Q1. Under Article 169, a Legislative Council can be created or abolished by:
(a) the Governor on Cabinet advice (b) Parliament by law, on a resolution of the State Assembly passed by special majority (c) the President by order (d) a constitutional amendment ratified by half the states
Answer: (b) — Parliament acts on the Assembly’s special-majority resolution.
Q2. What fraction of Council members is elected by teachers?
(a) 1/3 (b) 1/6 (c) 1/12 (d) 1/4
Answer: (c) — one-twelfth each for teachers and graduates.
Q3. The minimum strength of a State Legislative Council is:
(a) 30 (b) 40 (c) 50 (d) 60
Answer: (b) — Article 171 fixes a minimum of 40.
Q4. Which of these states does NOT have a Legislative Council?
(a) Telangana (b) Bihar (c) Tamil Nadu (d) Karnataka
Answer: (c) — Tamil Nadu abolished its Council.
Frequently asked questions
How many states in India have a Legislative Council?
Six states have a Legislative Council: Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh and Telangana.
Which Article deals with the creation and abolition of Legislative Councils?
Article 169. Parliament may create or abolish a Council by law if the State Assembly passes a resolution by a special majority.
What is the composition of a Legislative Council?
One-third are elected by local bodies, one-third by MLAs, one-twelfth by graduates, one-twelfth by teachers, and one-sixth are nominated by the Governor.
Can the Legislative Council reject a Money Bill?
No. It can only make recommendations and must return the Money Bill within 14 days; the Assembly may accept or reject those recommendations.
Also read on NCA: NDMA and the Disaster Management Act | Monthly defence current affairs PDFs | CDS coaching in Chandigarh
Sources: PTI via Deccan Chronicle, DD India, Constitution of India (Legislative Department). Facts as reported up to 1 November 2026.
Featured image background: Wilhelm Tell DCCXLVI / Wikimedia Commons, CC0.
