- Governor of a state can nominate one-sixth of members of the state legislative council.
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About Legislative Council:
- Article 171 of the Constitution of India provides for the establishment of a Vidhan Parishad. The Vidhan Parishad or Legislative Council is the upper house in those states of India that have a bicameral legislature.
- The Vidhan Parishad is a permanent house, and hence it is not dissolved. Members are elected/nominated for a period of six years. One-third of its members retire after every two years. The retiring members are eligible for re-election.
- The qualifications for becoming members of the Legislative Council are similar to those for the members of the Legislative Assembly.
- However, the minimum age in case of Legislative Assembly is 25 years whereas for the Council it is 30 years. The State Legislature meets twice a year at least and the interval between two sessions cannot be more than six months.
- The members of Vidhan Sabha and Vidhan Parishad elect their respective Presiding Officers, as well as Speaker and Deputy Speakers, the Chairman and Deputy Chairman.
- The business of the two houses is conducted by their respective Presiding Officers who also maintain discipline and order in the houses.
Composition of the Legislative Council:
- The upper chamber of the State Legislature i.e. the Legislative Council or Vidhan Parishad shall not have more than one third of the total membership of the State Legislative Assembly but not less than 40. The Legislative Council in Jammu & Kashmir has 36 members as an exception. The members of the Legislative Council are partly elected indirectly and partly nominated.
The composition of the Legislative Council is as follows:
- One-third members are elected by the members of local bodies i.e. Municipalities, District Boards and others in the State;
- Another one-third members are elected by the members of the Legislative Assembly;
- One-twelfth members are elected by the electorate consisting of graduates of the State of not less than three years standing;
- Another one-twelfth are elected by the electorate consisting of teachers having teaching experience of at least three years in the educational institutions within the State, but these institutions must not be lower in standard than secondary schools; and
- The remaining one-sixth members are nominated by the Governor of the State.