What is the Composition of the Legislative Councils? What is the Duration of State Legislatures? What is the Qualification for membership of the State Legislature? Article 171, 172 and 173 of Constitution of India, 1949
Composition of the Legislative Councils, Duration of State Legislatures and Qualification for membership of the State Legislature are defined under Article 171, 172 and 173 of Constitution of India 1949. Provisions under these Article are:
Article 171 of Constitution of India "Composition of the Legislative Councils"
(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;
(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 election 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.
Article 172 of Constitution of India "Duration of State Legislatures"
(1) Every Legislative Assembly of every State, unless sooner
dissolved, shall continue for five years from the date
appointed for its first meeting and no longer and the
expiration of the said period of five years shall operate as
a dissolution of the Assembly:
Provided that the said period may, while a Proclamation of
Emergency is in operation, be extended by Parliament by law
for a period not exceeding one year at a time and not
extending in any case beyond a period of six months after
the Proclamation has ceased to operate.
Article 173 of Constitution of India "Sessions of the State Legislature, prorogation and dissolution"
(1) The Governor shall from time to time summon the House or
each House of the Legislature of the State to meet at such
time and place as he thinks fit, but six months shall not
intervene between its last sitting in one session and the
date appointed for its first sitting in the next session.
(2) The Governor may from time to time-
(a) Prorogue the House or either House;
(b) dissolve the Legislative Assembly.