Legislative Councils: Powers and Role for UPSC

Legislative Councils returned to public attention after elections to 28 seats across four states. The results also renewed interest in how state upper Houses work. For related coverage, explore polity current affairs.

Quick answer: Legislative Councils are the upper Houses of bicameral state legislatures. Elections to 28 Council seats in Uttar Pradesh, Bihar, Maharashtra and Karnataka in late October 2026 drew attention to their role. Councils can review legislation, but the directly elected Assembly has the decisive role in lawmaking and government accountability.

What brought state Councils into the news?

Elections to 28 Council seats across Uttar Pradesh, Bihar, Maharashtra and Karnataka prompted discussion of their constitutional role. In Karnataka, the source records that Bharatiya Janata Party leaders celebrated four seat victories in Hubballi on 28 October.

Unlike Assembly elections, Council polls use distinct electorates for different categories of seats. For more context, see CBL’s explainers on paper ballots in Council elections and preference voting in the Bihar Council poll.

How are Legislative Councils created?

Parliament may create or abolish a Council by law after the concerned Assembly passes the required resolution under Article 169. The resolution needs a majority of the Assembly’s total membership and a two-thirds majority of members present and voting.

Therefore, neither Parliament acting alone under Article 169 nor an Assembly resolution alone completes the process. Such a law is not treated as a constitutional amendment for the purposes of Article 368, even though it may amend the Constitution as necessary.

In a bicameral state, the Governor and the two Houses form the legislature under Article 168. A Council is a continuing chamber: it is not dissolved, and approximately one-third of its members retire every second year.

How are Council members chosen?

Article 171 combines indirect elections from specified electorates with nominations by the Governor. The constitutional proportions below apply as nearly as possible.

The specified nomination fields are literature, science, art, the cooperative movement and social service. Moreover, elected members use proportional representation through the single transferable vote, with voting by secret ballot.

A Council normally cannot exceed one-third of the Assembly’s strength or have fewer than 40 members. However, the minimum is subject to a different provision made by Parliament by law.

Which constitutional provisions govern their powers?

The Constitution gives the Assembly the final word over ordinary legislation and a stronger position on financial matters.

Ordinary Bills and Money Bills

For an Assembly-passed ordinary Bill, the Council can initially hold up passage for up to three months. If the Assembly passes it again and sends it back, the Council has a further month; thereafter, the Bill is deemed passed in the form passed by the Assembly, subject to the constitutional conditions.

A Money Bill can originate only in the Assembly. The Council may recommend changes, but it must return the Bill within 14 days; the Assembly may accept or reject its recommendations. If the Council does not return it in time, the Bill is deemed passed by both Houses.

Thus, the Council can scrutinise and recommend, but it cannot permanently block an Assembly-passed Bill through these procedures. There is no joint sitting of the state Houses to resolve such a disagreement.

What are the arguments for and against Councils?

The central debate is whether an additional reviewing chamber improves legislation enough to justify its costs and limited democratic mandate.

• Legislative review: A second chamber can identify drafting problems and examine consequences before a Bill proceeds.
• Continuity and expertise: Its continuing membership and nominated members can support institutional memory and specialised debate.
• Representation: Local authorities, graduates and teachers have distinct electoral channels; however, these electorates do not represent all adult voters equally.
• Cost and duplication: An additional chamber requires public resources and may repeat rather than deepen Assembly scrutiny.
• Political use: Critics argue that Council seats can become a route into office for party nominees rather than a means of independent review.
• Limited authority: The Assembly’s overriding role preserves democratic primacy, but it also limits the Council’s ability to insist on changes.

How can Councils add value?

Councils can justify their reviewing role through consistent scrutiny, transparent nominations and informed public debate.

For example, committees could examine Bills in detail and publish reasoned findings before debate. In addition, clearer public criteria for nominations could help connect the constitutional expertise requirement with legislative work.

Members can also assess whether proposed laws are practical for local bodies and affected communities. Finally, states should evaluate the quality of scrutiny alongside expenditure, rather than judge a Council only by the number of Bills discussed.

The Second Administrative Reforms Commission also considered reforms relating to Councils. However, the available source notes do not specify its recommendations; the measures above are analytical suggestions, not an attributed list of Commission proposals.

Source: The Hindu Explained, 3 November 2026

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