Verbatim text
shall not exceed 5[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.
1Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for “2000” and
“1971” respectively.
2Subs. by the Constitution (Eighty-seventh Amendment) Act, 2003, s. 4, for “1991”.
3Ins. by the Constitution (Forty-second Amendment) Act, 1976, s. 29 (w.e.f.
3-1-1977).
4Subs. by the Constitution (Eighty-fourth Amendment) Act, 2001, s. 5, for certain words.
5Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 10, for “one-fourth”.Composition ofthe LegislativeCouncils.THE CONSTITUTION OF INDIA
(Part VI. —The States. —Arts. 170-171.)83
(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 ofmunicipalities, district boards and such other localauthorities in the State as Parliament may by lawspecify;
(b) as nearly as may be, one-twelfth shall be elected
by electorates consisting of persons residing in theState who have been for at least three years graduatesof any university in the territory of India or havebeen for at least three years in possession ofqualifications prescribed by or under any law madeby Parliament as equivalent to that of a graduate ofany such university;
(c) as nearly as may be, one-twelfth shall be elected
by electorates consisting of persons who have beenfor at least three years engaged in teaching in sucheducational institutions within the State, not lowerin standard than that of a secondary school, as maybe prescribed by or under any law made byParliament;
(d) as nearly as may be, one-third shall be elected
by the members of the Legislative Assembly of theState from amongst persons who are not members ofthe Assembly;
(e) the remainder shall be nominated by the
Governor in accordance with the provisions ofclause (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 lawmade by Parliament, and the elections under the saidsub-clauses and under sub-clause ( d) of the said clause
shall be held in accordance with the system ofproportional representation by means of the singletransferable vote.
(5) The members to be nominated by the Governor
under sub-clause ( e) of clause (3) shall consist of personsTHE CONSTITUTION OF INDIA
(Part VI. —The States. —Art. 171.)84
having special knowledge or practical experience in
respect of such matters as the following, namely:—
Literature, science, art, co-operative movement and
social service.
What this means
- The index files this text under article 171 of the Constitution of India.
- The index files it under the chapter heading “CHAPTER II.—T HE EXECUTIVE — The Governor”.
- The passage runs to about 455 words.
- Read plainly, it mentions assembly and association — it protects gathering together or joining a group, union or party (the words used: “Assembly”); it mentions property — it addresses property, possession, or taking property compulsorily (the words used: “possession”); it mentions education — it concerns education, schooling or training (the words used: “school”).
The row’s stored title is a body fragment, not a heading (“(1) The total number of members in the Legislative Council of a State having such a Council”), so it is not used as the provision’s title here.
The index gives this passage an article number but stores a body fragment where a heading would be, so the number could not be cross-checked against the text. Check it against the official Constitution before relying on it in a citation.
This is a mechanical reading aid generated from the text above by matching words in it. It is not legal advice, not a lawyer’s interpretation, and not a substitute for the provision itself.
How to cite this
Constitution of India, article 171, Portable Lawyer, https://www.portablelawyer.app/provision/beb99830-b416-44c1-90bf-80f16a418ddf (accessed 25 October 2026).
Canonical URL: https://www.portablelawyer.app/provision/beb99830-b416-44c1-90bf-80f16a418ddf
Accessed 25 October 2026.
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