There are seven states in India having bicameral (two-tier) legislation.
Bicameral legislature is a legislative system having two-tier of Assemblies, Chambers or Houses. In India, Central Legislature i.e. Parliament is bicameral. However states, except for a few, are generally unicameral. The two houses in state legislature are called – Legislative Assembly and Legislative Council. There are only seven states which have two-tier of legislature – Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh, Telangana and Jammu & Kashmir.
Legislative Council of a state comprises of not more than one third of the total seats in state Legislative Assembly and the numbers of seats for a Legislative Council should in no case be less than 40. State of Jammu & Kashmir is the only exception to the minimum 40 seats rule with only 36 Legislative Council seats.
Unlike Legislative Assembly, Legislative Council is never dissolved as one-third of the members retire every second year and new members join in their place. One-third of the members of Legislative Council are elected by Members of Legislative Assembly from among non-members of the Assembly. One-third of the members are elected by electorate consisting of members of municipalities/municipal corporations, district boards and other local authorities in the state. One-twelfth are elected by electorate consisting of persons with at least 3 years’ experience in educational institution and have been teaching within the state and a further one-twelfth by registered graduates. One-sixth (or remaining) members are nominated by the Governor from distinguished personalities in literature, science, art, cooperative movements and social service.
Uttar Pradesh has the biggest Legislative Council with a total of 100 seats. Maharashtra Legislative Council is the second largest in the country with 78 seats. Bihar and Karnataka share third place with 75 seats each. State of Andhra Pradesh, after creation of Telangana state, has now 58 seats whereas Telangana has 40 seats. State of Jammu & Kashmir has only 36 seats in its Legislative Council.
Legislative Councils are extremely weak legislative bodies and enjoy much weaker powers in the state legislature. Interestingly, members of Legislative Council are not included in electoral college for President’s election i.e. members of Legislative Council do not possess right to vote in President’s elections.
