RATAN SOLI LUTH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) INTRODUCTION

(2.) Maharashtra is one of the few Indian States the Legislature whereof has two houses, i.e., the Legislative Assembly and the Legislative Council. The Legislative Assembly is comprised of 288 members, who are chosen by direct election from territorial constituencies in the State. Article 171(1) of the Constitution ordains that the total number of members in the Legislative Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State whereas, the proviso thereto, ordains that the number of members in any case shall not be less than forty.

(3.) Clause (2) of Article 171 of the Constitution ordains that until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3). For facility of reference, such provision together with clause (5) of Article 171, which has to be read together, are reproduced hereunder: