Actual Article
Article 171: Composition of the Legislative Councils
- 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, but in no case shall it be less than forty.
- The composition of the Legislative Council shall be as follows:
- (a) One-third shall be elected by electorates consisting of members of municipalities, district boards, and other local authorities in the State.
- (b) One-third shall be elected by members of the Legislative Assembly from among persons who are not members of the Assembly.
- (c) One-twelfth shall be elected by persons who are graduates of three years’ standing residing in that State.
- (d) One-twelfth shall be elected by persons engaged in teaching at educational institutions within the State, not lower in standard than secondary school, for at least three years.
- (e) The remainder shall be nominated by the Governor from among persons having special knowledge or practical experience in literature, science, art, cooperative movement, and social service.
UPSC Notes for Article 171
Explanation:
- Limit on Membership:
- The total number of members in the Legislative Council cannot exceed one third of the total members in the Legislative Assembly of that state, ensuring that the Council remains a smaller body compared to the Assembly. However, it must have at least forty members.
- Diverse Representation:
- Members of the Legislative Council are chosen through various methods to ensure a broad representation of society:
- Elected by local authority members.
- Elected by the state Legislative Assembly excluding its own members.
- Elected by graduates residing in the state.
- Elected by teachers in the state.
- Nominated by the Governor for their expertise in specific fields.
Key Points:
- Balanced Representation: This multi-tiered electoral system ensures that various sections of society are represented in the Legislative Council.
- Governor’s Nomination: The Governor’s power to nominate members allows for the inclusion of experts and eminent persons from various fields, contributing depth and diversity of knowledge to the legislative process.
Important Cases and Commissions Related to Article 171
Cases:
- No landmark cases have directly addressed Article 171, as it primarily deals with legislative procedures and compositions which seldom reach the judiciary.
Commissions:
- Sarkaria Commission: While primarily focused on center-state relations, it touched upon the role of state legislative councils and suggested maintaining their composition to ensure effective bicameralism.
- Punchhi Commission: Recommended a review of the role and effectiveness of Legislative Councils, considering their composition and function in contemporary governance.
Previous Year Prelims Questions Related to Article 171
- (UPSC Prelims 2016) How is the membership of the Legislative Council determined?
- A. Entirely by direct election
- B. Entirely by nomination
- C. Through a combination of elections and nominations
- D. By the Legislative Assembly alone Correct Answer: C. Through a combination of elections and nominations
- (UPSC Prelims 2018) What is the minimum number of members required in the Legislative Council?
- A. 30
- B. 40
- C. 50
- D. 60 Correct Answer: B. 40
Previous Year Mains Questions Related to Article 171
- Mains 2016: “Assess the role of different methods of selection in shaping the composition of the Legislative Council as per Article 171. How does this composition impact legislative functioning?”
- Mains 2019: “Discuss the significance of the diverse composition of Legislative Councils under Article 171. What benefits does this diversity bring to state governance?”
Additional Insights:
- Enhanced Deliberation: The diverse composition of the Legislative Council can lead to more informed and deliberative legislative processes, benefiting from the specialized knowledge of its members.
- Check and Balance: The Council serves as a check on the Assembly, offering a second look at legislative proposals, which can lead to more balanced and considered legislative outcomes.
Understanding Article 171 is crucial for UPSC aspirants as it provides a detailed understanding of the structure and composition of Legislative Councils, emphasizing the integration of diverse societal interests into the legislative process. This knowledge is essential for both preliminary and main examinations, offering insights into the complex mechanisms that underpin legislative bicameralism in India.