What Is MLC Election? Who Votes in MLC Elections — All 5 Ways a Member of the Legislative Council Is Chosen
Ordinary voters do not directly elect MLCs. They are chosen by MLAs, local-body members, graduates and teachers, and some are nominated by the Governor. A plain-language guide to the Legislative Council, who votes for which seats, and how an MLC differs from an MLA.
MLC stands for Member of the Legislative Council. An MLC sits in the Vidhan Parishad (विधान परिषद), the upper house of a state legislature — the state-level equivalent of the Rajya Sabha. And the most common question about MLC elections has a surprising answer: most ordinary voters never vote in one.
Quick answer — who votes in an MLC election? It depends on the seat. About one-third of MLCs are elected by MLAs; about one-third by members of local bodies (panchayats, municipalities, corporations); one-twelfth by registered graduates; one-twelfth by registered teachers; and the rest are nominated by the Governor. The general public votes only if they have separately enrolled as graduates or teachers.
What is a Legislative Council (Vidhan Parishad)?
Under Article 168 of the Constitution, a state legislature consists of the Governor and one or two houses. Where there are two, the lower house is the Legislative Assembly (Vidhan Sabha) and the upper house is the Legislative Council (Vidhan Parishad). Only six states currently have a Council: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
A Council can be created or abolished by Parliament under Article 169, but only after the state Assembly passes a resolution by a special majority. That is why the list changes over time — Andhra Pradesh abolished its Council in 1985 and revived it in 2007, Tamil Nadu abolished its Council in 1986, and the Jammu & Kashmir Council ended with the state's reorganisation in 2019.
Under Article 171, a Council's strength cannot exceed one-third of the Assembly's strength, and cannot be less than 40. The Council is a permanent house: it is never dissolved. Instead, about one-third of its members retire every second year, which is why you keep hearing about "biennial" MLC elections.
Who votes in an MLC election? The 5 routes into the Council
| Route | Share of seats (approx.) | Who votes | UP Vidhan Parishad seats |
|---|---|---|---|
| 1. Elected by MLAs | 1/3 | Members of the state Legislative Assembly | 38 |
| 2. Local authorities' constituencies | 1/3 | Elected members of local bodies — municipal corporations, municipalities, district and block panchayats etc. — as specified for each state | 36 |
| 3. Graduates' constituencies (padvidhar / snatak) | 1/12 | Graduates of 3+ years' standing residing in the constituency, enrolled on the graduates' roll | 8 |
| 4. Teachers' constituencies (shikshak) | 1/12 | Teachers with 3 years' service in the last 6 years in secondary schools or higher institutions, enrolled on the teachers' roll | 8 |
| 5. Nominated by the Governor | Remainder (about 1/6) | No voting — the Governor nominates people with special knowledge or practical experience in literature, science, art, the co-operative movement and social service | 10 |
1. MLCs elected by MLAs
The MLAs of the state elect about one-third of the Council from among people who are not MLAs themselves. Because every party's strength in the Assembly is known, results are usually predictable, and many such seats are filled unopposed. When there is a contest, MLAs vote by secret ballot using preference voting.
2. MLCs elected by local authorities
About one-third are elected by members of local self-government bodies, grouped into local authorities' constituencies (usually one or two districts each). Which bodies count is set out separately for each state. In Uttar Pradesh, reports on the 2022 local-authorities' polls described the voters as members and chairpersons of zila panchayats and block-level kshetra panchayats (which include village pradhans), urban corporators and councillors, and the MPs and MLAs of the area — about 1.2 lakh voters for the 27 seats that went to polls that year.
3. MLCs elected by graduates (padvidhar)
One-twelfth of members are elected by graduates of at least three years' standing who live in the constituency and have enrolled on the separate graduates' roll using Form 18. This is the only route through which an ordinary citizen — if they have a degree — can directly vote for an MLC. Read our full guide: What Is Padvidhar Election?
4. MLCs elected by teachers (shikshak)
Another one-twelfth are elected by teachers who have taught for at least three years within the previous six years in institutions not lower in standard than a secondary school, enrolled on a teachers' roll using Form 19.
5. Nominated MLCs
The remaining seats are filled by the Governor's nomination, in practice on the advice of the state government. Nominees are meant to bring expertise from literature, science, art, the co-operative movement and social service.
How voting works in MLC elections
All elected MLC seats use proportional representation by means of the single transferable vote (Article 171(4)). Voters rank candidates by writing 1, 2, 3 on a paper ballot. There are no EVMs. For graduates' and teachers' seats, voting is by secret ballot at polling stations spread across the constituency. Our step-by-step guide explains how to mark the ballot and the mistakes that spoil votes: How to Vote in a Padvidhar Election.
Who can become an MLC?
- Must be a citizen of India.
- Must be at least 30 years old (Article 173) — older than the 25-year minimum for an MLA.
- For an elected seat, must be registered as an elector for an Assembly constituency in that state; for a nominated seat, must be ordinarily resident in the state.
- Must not be disqualified under the Constitution or the Representation of the People Act, 1951.
Notably, a candidate for a graduates' seat need not be a graduate, and a candidate for a teachers' seat need not be a teacher.
MLC vs MLA: key differences
| MLA | MLC | |
|---|---|---|
| House | Legislative Assembly (Vidhan Sabha) | Legislative Council (Vidhan Parishad) |
| Elected by | All adult voters of a constituency | MLAs, local-body members, graduates, teachers — or nominated |
| Voting method | EVM, first-past-the-post | Paper ballot, single transferable vote |
| Term | 5 years (house can be dissolved early) | 6 years (house is permanent) |
| Minimum age | 25 | 30 |
| Money bills | Can be introduced only here; final say | Can only recommend changes within 14 days |
| Can become minister / CM? | Yes | Yes |
What powers does the Legislative Council have?
The Council is a revising chamber with limited powers. It can debate and suggest amendments, but the Assembly has the final word:
- Money bills can only be introduced in the Assembly. The Council must return them within 14 days, with or without recommendations, which the Assembly may accept or reject (Article 198).
- Ordinary bills: if the Council rejects a bill or sits on it for more than three months, the Assembly can pass it again; the second time the Council can hold it for only one month, after which it is deemed passed in the form the Assembly wants (Article 197).
- The Council has no role in electing the President or in no-confidence motions against the state government — those belong to the Assembly.
Why MLC seats matter politically
Beyond law-making, the Council is the route by which leaders who are not MLAs can hold office. A minister or Chief Minister must become a member of either house within six months of taking office; the Council lets them do so without fighting a direct election. Well-known examples include Yogi Adityanath, who served as an MLC after becoming Chief Minister in 2017 before winning the Gorakhpur Urban Assembly seat in 2022; Nitish Kumar in Bihar; and Uddhav Thackeray, who became an MLC in 2020 while serving as Maharashtra's Chief Minister.
Graduates' and teachers' seats, meanwhile, act as an early reading of the educated and salaried vote — which is why the 28 such seats polling on 23 October 2026 in Uttar Pradesh, Bihar, Maharashtra and Karnataka are being watched closely, especially in Uttar Pradesh ahead of the 2027 Assembly election. Counting is on 27 October. For the UP picture, see UP MLC Election 2026: 11 graduate and teacher seats.
Frequently asked questions
MLC stands for Member of the Legislative Council — a member of the Vidhan Parishad, the upper house of a state legislature.
It depends on the type of seat: MLAs elect about one-third of MLCs, members of local bodies elect about one-third, registered graduates elect one-twelfth, registered teachers elect one-twelfth, and the remaining members are nominated by the Governor. The general public does not vote unless enrolled as graduates or teachers.
Yes, but only for graduates' or teachers' seats, and only after enrolling on that constituency's special voter list (Form 18 for graduates, Form 19 for teachers). An ordinary voter ID alone is not enough.
Six: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
Six years. The Council is never dissolved; about one-third of its members retire every two years.
The UP Vidhan Parishad has 100 seats: 38 elected by MLAs, 36 by local authorities, 8 by graduates, 8 by teachers and 10 nominated by the Governor.
No. Both can become ministers, but the Assembly has the final say on legislation and money bills, and only the Assembly can remove a government through a no-confidence motion.
Sources & official links
- Constitution of India (Articles 168–173, 197, 198) — Legislative Department
- Uttar Pradesh Legislative Council (Vidhan Parishad)
- Election Commission of India
- Outlook / PTI — Voting for 27 UP Legislative Council (local authorities) seats, 2022
- UNI — ECI schedule for 28 graduate & teacher seats, 23 October 2026