The Intricate System to Elect MLCs, Pg22

Key Highlights:

• The BJP-led NDA secured 16 out of 28 Legislative Council (LC) seats contested across four states: Karnataka, Uttar Pradesh, Bihar, and Maharashtra.
• Six Indian states currently operate a Legislative Council: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
• Article 171 of the Constitution mandates a minimum of 40 members for an LC and caps the maximum at one-third of the state's Legislative Assembly strength.
• Members of the Legislative Council (MLCs) serve a six-year term, with one-third of the members retiring every two years, and must be at least 30 years old to contest.
• Elections for MLCs are conducted using a Single Transferable Vote system, requiring voters to rank candidates by preference.

Detailed Insights:

• Legislative Councils function as a second chamber in states, contributing to a bicameral legislative structure at the state level.
• The Constitution grants states the discretion to establish or abolish a Legislative Council, reflecting a balance between arguments for reasoned debate and concerns about cost and delays.
• The composition of LCs includes members elected by MLAs, local body representatives, graduates, and teachers, with the Governor nominating the remaining members from specific fields.
• The Representation of People Act, 1950, further details the allocation of seats and the membership breakup for each Legislative Council.
• Electoral rolls for graduate and teacher constituencies have specific requirements, including re-application and fulfillment of criteria like holding a graduate degree for three years or teaching for three years in the last six.
• The historical basis for representation of specific sections like graduates and teachers can be traced back to pre-independence practices, notably the Government of India Act of 1935.
• Unlike Rajya Sabha elections, MLAs are not required to show their votes to party agents during MLC polls.
• Legislative Councils differ from the Rajya Sabha as their existence depends on resolutions passed by state Assemblies, and they do not possess the same constitutional mandate over legislation.

Key Concepts Involved:

• Bicameral Legislature: A legislative body composed of two houses or chambers, such as a Legislative Assembly and a Legislative Council.
• Legislative Council (Vidhan Parishad): The upper house in the state legislature of some Indian states, designed to provide a platform for diverse representation.
• Single Transferable Vote (STV): An electoral system used for MLC elections, where voters rank candidates by preference to achieve proportional representation.
• Article 171: A constitutional provision that defines the composition, minimum, and maximum strength of Legislative Councils in states.