Home The Constitution Part VI Article 171

Art. 171 Part VI: The States

Composition of the Legislative Councils

Exact text — Constitution of India

(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 other local authorities...; (b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons... who have been for at least three years graduates...; (c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons... engaged... in teaching...; (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 Plain English

What this Article actually means

This Article sets a Legislative Council's size (capped at one-third of the Assembly's size, minimum 40 members) and its distinctive, unusual composition — unlike the fully directly-elected Assembly, the Council draws members through several different specific electorates: local body representatives, graduates, teachers, Assembly members' own selection, and Governor nominations, creating a genuinely different, more indirect representative character than the Assembly.

Why This Matters To You

How it shows up in everyday life

This is why a Legislative Council (where one exists) has a quite different flavour of membership than the Assembly — it deliberately incorporates specific professional and local-government constituencies (like teachers and graduates) rather than being purely a mirror of the directly-elected Assembly, similar in spirit to how the Rajya Sabha differs from the Lok Sabha.

Read alongside this one

Art. 170 — Composition of the Legislative Assemblies

Frequently Asked

Quick answers about Article 171

Do ordinary voters directly elect Legislative Council members the way they elect Assembly members?

No — Council members come through the specific, indirect electorates this Article establishes (local bodies, graduates, teachers, the Assembly itself, and Governor nominations), not through direct popular constituency elections like the Assembly.

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The text above reproduces Article 171 of the Constitution of India as amended to date, for general educational reference. It is public-domain legislative text, but we recommend cross-checking the authoritative version at legislative.gov.in or india.gov.in before relying on it for a legal matter. The explanation, examples and FAQs are general information, not legal advice — consult a qualified advocate for guidance on your specific situation.