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Bihar Legislative Council: Structure, Composition, and Key Provisions

The Bihar Legislative Council, a part of the state’s bicameral legislature, ensures representation from educators, graduates, local bodies, and professionals, thereby contributing to inclusive governance. It is one of India’s oldest legislative institutions, functioning alongside the State’s Legislative Assembly.

Bihar is among the few Indian states that have a Legislative Council. This system, known as a bicameral legislature, plays a significant role in shaping state policies, including social and welfare schemes. While the Bihar Legislative Assembly has 243 seats, the Bihar Legislative Council has its own defined strength.

Total Seats in Bihar Legislative Council

The Bihar Legislative Council consists of 75 seats, which are divided as follows:

• 63 members are elected through indirect elections

• 12 members are nominated by the Governor

What is a State Legislative Council?

A State Legislative Council is the upper house in a bicameral legislature. In such a system, there are two houses:

• Lower House: Legislative Assembly (Vidhan Sabha)

• Upper House: Legislative Council (Vidhan Parishad)

Not all Indian states have a bicameral legislature; only a few states operate under this system.

Constitutional Provisions Related to Legislative Councils

The Constitution of India provides a clear framework for the creation and functioning of Legislative Councils.

Key Articles

• Article 169: Parliament can create or abolish a Legislative Council if the State Legislative Assembly passes a resolution with a special majority. However, Parliament is not obligated to approve the request.

• Article 171: Defines the composition of the Legislative Council.

• Article 172: Specifies the tenure of members, stating that each member serves a six-year term, with one-third of members retiring every two years.

Composition of the State Legislative Council

Under Article 171, the size of a Legislative Council:

• Cannot exceed one-third of the total strength of the Legislative Assembly

• Must have a minimum of 40 members

The Council elects the following office bearers:

• Chairman

• Deputy Chairman

Manner of Election of Council Members

Members of the Legislative Council are either indirectly elected or nominated through the following methods:

• 1/3rd elected by local bodies such as municipalities and district boards

• 1/3rd elected by Members of the Legislative Assembly (MLAs)

• 1/12th elected by graduates

• 1/12th elected by teachers

• 1/6th nominated by the Governor from experts in fields such as arts, science, and social service

This structure ensures broad and diverse representation in governance.

Eligibility and Tenure of Members

To become a member of a Legislative Council, a person must meet certain requirements under Article 173 of the Constitution and the Representation of the People Act, 1951.

Eligibility Criteria

• Must be a citizen of India

• Must be at least 30 years old

• Must be a registered voter in the state

• For nomination, must be a resident of the state

Tenure

• Members serve a six-year term

• One-third of members retire every two years, ensuring continuity in the Council’s functioning

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