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Article 171

Composition of the Legislative Councils

Official heading: “Composition of the Legislative Councils.”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part VI, Article 171, printed pages 78–79
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1. In One Sentence

Article 171 provides the composition and electoral framework for State Legislative Councils, capping membership at one-third of the Assembly and establishing a five-tiered representation model.

2. What It Means in Everyday Language

Article 171 defines the structure of the State Legislative Council (Vidhan Parishad) as a permanent deliberative upper house. Clause (1) limits the total number of members to no more than one-third of the total membership of the Legislative Assembly, while prescribing a statutory minimum of 40 members.

Five-Tiered Electoral Model (Clause 3): Unlike directly elected Assemblies, the Council combines diverse professional, local, and nominated representation: (a) approximately one-third elected by electorates of local municipal and district authorities; (b) approximately one-twelfth elected by university graduates of three years standing; (c) approximately one-twelfth elected by teachers of at least three years standing in secondary schools or higher; (d) approximately one-third elected by Members of the Legislative Assembly from non-MLAs; and (e) the remainder nominated by the Governor.

Gubernatorial Nominations: Under Clause (5), gubernatorial nominees must possess special knowledge or practical experience in literature, science, art, cooperative movement, or social service.

3. Practical Illustrative Example

Everyday Scenario:

A teacher who has taught in a secondary school for five years registers to vote in a State with a Legislative Council.

Core takeaway: Under Article 171(3)(c), the teacher is entitled to vote in the Teachers' Constituency election to elect Members of the Legislative Council (MLCs).
Illustrative Notice: Elections are conducted under the system of proportional representation by means of the single transferable vote under Clause (4).

4. Important Limits, Qualifications & Exceptions

Article 171 establishes an indirect, functional representation system for State upper houses.

  • Ceiling and floor: Maximum one-third of Assembly strength; minimum 40 members.
  • Diverse functional representation: Local bodies, graduates, teachers, MLAs, and nominated eminent citizens.
  • Proportional representation by single transferable vote.
  • Governor nomination criteria: Literature, science, art, cooperative movement, and social service.

5. Operative Constitutional Text

(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 o f 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; (c) 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 (c) 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 sub-clauses 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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 171, printed pages 78–79 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

Related Constitutional Articles to Explore:

Go to ARTICLE 168 →Go to ARTICLE 169 →Go to ARTICLE 172 →