Composition of the Legislative Councils

Article 150, Draft Constitution 1948

(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed twenty-five per cent of the total number of members in the Legislative Assembly of that State.

(2) Of the total number of members in the Legislative Council of a State-

(a) One-half shall be chosen from panels of candidates constituted under clause (3) of this article;

(b) One-third shall be elected by the members of the Legislative Assembly of the State in accordance with the system of proportional representation by means of the single transferable vote; and

(c) The remainder shall be nominated by the Governor.

(3) Before the first general election and, thereafter, before each triennial election under clause (2) of article 151 of this Constitution to the Legislative Council of a State, five panels of candidates shall be formed, of which one shall contain the names of representatives of universities in the State and the remaining four shall respectively contain the names of persons having special knowledge or practical experience in respect of the following subjects, namely:-

(a) Literature, art and science;

(b) Agriculture, fisheries and allied subjects;

(c) Engineering and architecture;

(d) Public administration and social services.

(4) Each panel of candidates constituted under clause (3) of this article shall contain at least twice the number to be elected from such panel.

(5) For bye-elections clauses (3) and (4) of this article shall have effect subject to such adaptations and modifications as may be prescribed by the Legislature of the State by law.

Article 171, Constitution of India 1950

(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed one-fourth 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 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.

Draft Article 150 (Article 171) was debated on 2 June, 30 July and 19 August 1949. It set out the composition of the State Legislative Councils.

The Chairman of the Drafting Committee moved an amendment to wholly substitute the Draft Article to the effect that Parliament was authorized to prescribe the manner and form of composition of seats in the State Legislative Councils, and the minimum criteria to be a candidate for such seats. He argued that the amendment was necessary because the Draft Article reflected a principle which had been earlier rejected by the Assembly; further, the Drafting Committee had been unable to form a consensus on the matter.

A member raised objections to allowing Parliament the freedom to dictate the composition of the State Legislative Councils. He proposed an amendment which laid out the composition of an electoral college for the Councils, which was supported by many members. Given these objections, the Chairman of the Drafting Committee proposed a new amendment which defined the electoral college for State Legislative Councils, although Parliament still retained the power to overrule this with legislation. Despite some members voicing disagreement, the Assembly accepted this new amendment proposed by the Chairman.

Most of the amendments to the new amendment were withdrawn, while others were negatived. The Assembly accepted one minor amendment endorsed by the Chairman of the Drafting Committee. It adopted the amended Draft Article 150 on 19 August 1949.