(1) Legislative Council:
The Legislative Council is the upper House of State legislature. The total number of members of Legislative Council shall not exceed one-third of the total number of members of Legislative Assembly. Provided that the total number in the Legislative Council of the State shall in no case be less than forty.
Until Parliament by law otherwise provides composition of the Legislative Council of the State shall be as provided in clause (3) of Article 171. The total number of members of the Legislative Council of the State will be as follows:
(a) As nearly as may be, one-third shall be elected by electorates consisting of the members of Municipalities, District Boards and such 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 qualification prescribed by or under any law made by Parliament to that of 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) of Article 171.
The members to be elected under sub-clauses (a), (b) and (c) of clause (3) of Article 171 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.
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.
(2) Legislative Assembly:
According to Article 170 of the Constitution, the Legislative Assembly of each State shall consist of not more than five hundred and not less than sixty members chosen by direct election in territorial constituencies in the State.
Under Article 333, the Governor Is empowered to nominate one member of the Anglo-Indian community to the Legislative Assembly If he is of the opinion that the members of that community are not adequately represented therein.
For this purpose each State shall be divided into territorial constituencies in such manner that the ratio between the populations of each constituency be the same throughout the State. The population here means the population ascertained at the last preceding census of 2001.
Upon the completion of each census the total number of seats in the Legislative Assembly of each State and the territorial constituencies will be re-adjusted. However, the re-adjustment of territorial constituencies shall not affect the existing strength of the Assembly. This re-adjustment of territorial constituencies will, however, not take place until the year 2000.
Duration of Legislative Council:
The Legislative Council is not subject to dissolution but as nearly as one-third of its members shall retire at the end of every second year. Like Council of States, it is also a permanent House.
Duration of Legislative Assembly:
The duration of every Legislative Assembly is for a period of five years unless sooner dissolved. The Legislative Assembly may be dissolved by the Governor of the State when the Government of the State cannot be undertaken according to the provisions of the Constitution.
According to proviso of Article 172, the said period of five years may, while a Proclamation of Emergency is in operation, be extended by the 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.