Article 171 of the Costitution of India with Case law
🔹 Article 171 of the Constitution of India: Composition of the Legislative Councils in States (Vidhan Parishad)
đź“ś Text of Article 171:
(1) The total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly of that State and shall in no case be less than forty.
(2) The members of the Legislative Council shall be chosen in the following manner:
(a) One-third shall be elected by the members of local authorities in the State.
(b) One-twelfth shall be elected by graduates of three years’ standing residing in the State.
(c) One-twelfth shall be elected by persons engaged in teaching in educational institutions (not lower than secondary schools) for at least three years.
(d) One-third shall be elected by the members of the Legislative Assembly of the State from among persons who are not members of the Assembly.
(e) The remainder shall be nominated by the Governor from among persons having special knowledge or practical experience in fields like literature, science, art, cooperative movement, and social service.
(3) Elections under clauses (a), (b), and (c) shall be held in accordance with the system of proportional representation by means of a single transferable vote.
🧾 Explanation:
Article 171 provides the framework for the structure of State Legislative Councils (Upper Houses) in India (where they exist).
These Councils are permanent bodies (like Rajya Sabha), and only some Indian states have them (e.g., Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh, Telangana).
The article ensures diverse representation from local authorities, education, graduates, teachers, legislators, and nominated experts.
⚖️ Important Case Laws on Article 171:
1. K.K. Kochunni v. State of Madras, AIR 1959 SC 725
This case upheld the constitutionality of nominations under Article 171(2)(e), stating that the Governor’s discretion must be based on objective criteria like eminence in art, science, literature, etc.
2. N. Somashekar v. State of Karnataka, ILR 2004 KAR 3468
The Karnataka High Court held that teachers in unaided institutions may also be eligible under Article 171(2)(c), depending on the rules framed by the Election Commission and the interpretation of "educational institutions."
3. Union of India v. Harbhajan Singh Dhillon, AIR 1972 SC 1061
Though not directly on Article 171, it reinforced that constitutional classifications like those in Article 171 are valid if based on intelligible differentia and have a rational nexus with the objective.
4. Election Commission of India v. St. Mary’s School, (2008)
The Court reiterated the role of the Election Commission in determining eligibility and the voter list for constituencies under Article 171 (especially teachers and graduates).
đź“Ś Key Takeaways:
| Feature | Detail |
|---|---|
| Minimum Size | Not less than 40 members |
| Maximum Size | Not more than 1/3rd of Legislative Assembly’s strength |
| Composition | Local bodies (1/3), Graduates (1/12), Teachers (1/12), MLAs (1/3), Governor’s nominees |
| Voting System | Proportional Representation via Single Transferable Vote (STV) |
| Governor’s Nomination | Based on expertise in art, science, literature, etc. |
| Permanent House? | Yes, like the Rajya Sabha (1/3rd members retire every 2 years) |
🗂️ Related Constitutional Provisions:
Article 169 – Abolition or creation of Legislative Councils in states
Article 168 – Constitution of State Legislatures
Article 190–191 – Disqualifications for membership
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