MLC seat under Governor’s quota II Telangana Case II
Date 15th February 2024. Published in The Hindu
Provision related to State Legislative council:
The constitution fixes the minimum and the maximum limits regarding the strength of a legislative council.
Membership of a state Legislative council cannot be less than 40, or more than one-third of the total membership in the Legislative assembly.(article 171(1) )
Article 171(3) in Constitution of India
(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 (1/6th of its members) shall be nominated by the Governor in accordance with the provisions of clause(5).
what does 171(5) say ?
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.
How does the election take place?
The members of a Legislative Council under the above mentioned (a) (b) and (c) heads are chosen in such territorial constituencies as Parliament may prescribe by law.
Members mentioned under (a) (b) (c) and (d) are elected in accordance with the system of proportional representation by means of single transferable vote.
Governor’s Nomination: the purpose of governor’s nomination is to use the talents of such persons in the state as have achieved distinction in various fields and whose experience and advice may be of value to state legislature, but who have neither the time nor the inclination to contest elections.
