Article 171 of the Indian Constitution

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Article 171 of the Indian Constitution

Article 171 of the Indian Constitution

Article 171 of the Indian Constitution deals with the composition of Legislative Councils, which form the Upper House or the Vidhan Parishad in states having a bicameral legislature.

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NCERT Summary (Class VI – XII) One Liner for UPSC/IAS Preparation

NCERT Summary (Class VI to XII) One Liner for UPSC/IAS Preparation

(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) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the State as Parliament may by law specify;

(b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;

© as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;

(d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;

(e) the remainder shall be nominated by the Governor in accordance with the provisions of clause (5).

(4) The members to be elected under sub-clauses (a), (b) and © of clause (3) shall be chosen in such territorial constituencies as may be prescribed by or under any law made by Parliament, and the elections under the said subclauses and under sub-clause (d) of the said clause shall be held in accordance with the system of proportional representation by means of the single transferable vote.

(5) The members to be nominated by the Governor under sub-clause (e) of clause (3) shall consist of persons having special knowledge or practical experience in respect of such matters as the following, namely:-
Literature, science, art, co-operative movement and social service.


Explaination of the Article 171

Article 171 of the Indian Constitution deals with the composition of Legislative Councils, which form the Upper House or the Vidhan Parishad in states having a bicameral legislature.

Key Points of Article 171 of the Indian Constitution:

  1. Establishment of Legislative Councils:
    • Article 171 empowers the Parliament to create or abolish Legislative Councils in states through law if the Legislative Assembly of that state passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members present and voting.
  2. Composition of Legislative Councils:
    • The Legislative Council of a state shall not have more than one-third of the total number of members in the Legislative Assembly of that state. However, the total number of members in the Legislative Council shall not be less than 40.
    • Of the total number of members in the Legislative Council, one-third shall be elected by electorates consisting of members of municipalities, district boards, and other local authorities in the state.
    • One-twelfth of the members shall be elected by electorates consisting of persons residing in the state who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university.
    • One-twelfth of the members shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in educational institutions within the state not lower in standard than secondary schools.
    • The remaining members shall be nominated by the Governor of the state from persons having special knowledge or practical experience in respect of literature, science, art, cooperative movement, and social service.
  3. Duration and Qualifications:
    • The Legislative Council is a permanent House, and one-third of its members retire every two years.
    • The qualifications for membership of the Legislative Council are the same as those for the Legislative Assembly, except for the requirement of being at least 30 years of age.
  4. Legislative Powers:
    • The Legislative Council can effectively delay legislation passed by the Legislative Assembly for a maximum period of four months. After this period, the Legislative Assembly can override the Council’s decision and pass the legislation.

Article 171 aims to provide a balanced representation in the Legislative Councils, ensuring the inclusion of diverse segments of society, including local authorities, graduates, teachers, and individuals with specialized knowledge or practical experience.

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POLITICAL THEORY NOTES for UPSC/IAS Preparation

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