What is the term of office of a member of the State Legislative Council?

Question: What is the term of office of a member of the State Legislative Council? [RJS 1986]

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Answer

India follows a bicameral system at both the center and state levels. Under this system, the state’s legislature is divided into two parts – Legislative Assembly or Vidhan Sabha and Legislative Council or Vidhan Parishad. Members of the Legislative Assembly are directly elected by the people through assembly elections. Vidhan Parishad or Legislative Council is a permanent body, which can be formed or abolished when the Legislative Assembly passes a special resolution.

The Legislative Council is the upper house of the state. Its institution is outlined in Article 169 of the Constitution of India. The members of the Council are either nominated by the Governor of the state or are indirectly elected. Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members. As the Rajya Sabha, the state legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years. The manner of their election is as under:

• One-third of the MLCs are elected by the state’s MLAs,
• Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards,
• 1/12th by an electorate of teachers and another 1/12th by registered graduates.
• The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement, and social service.

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