Strength:

Members of the legislative council, unlike members of the legislative assembly, are chosen indirectly. The council's maximum strength is set at one-third of the assembly, while its minimum strength is set at 40. It indicates that the size of the council is determined by the size of the state's assembly. This is done to ensure the direct elected House's (assembly's) supremacy in the state's legislative activities. Though the Constitution establishes maximum and minimum restrictions, Parliament determines the actual strength of a Council.

Manner of Election:

Of the total number of members of a legislative council:

I) 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,

II) 1/12 are elected by graduates of three years standing and residing within the state,

III) 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,

IV) 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly, and

V) the remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.

Thus, 5/6 of the total number of legislative council members are indirectly elected, while 1/6 are nominated by the governor. Members are elected using a single transferable vote in accordance with the proportional representation system. In any scenario, the legitimacy or propriety of the governor's nomination cannot be questioned in court. The Constitution's provision for the formation of a legislative council is provisional and not definitive. The Parliament has the authority to change or replace the same. However, no such legislation has been adopted thus far.