A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the British (former) colonies. However, it has also been used as designation in other (non-Commonwealth) nations. A member of a legislative council is commonly referred to as an MLC and may use those letters as a post-nominal.

A legislative council was generally the first legislative body of a British colony, with members who were all appointed by the viceregal representative (who also presided over the council). Gradually, with the passage of time and increasing levels of self-governance, legislative councils were supplemented by a lower, elected chamber (often called a legislative assembly or house of assembly). This resulted in either the abolition of the council to form a unicameral and wholly elected legislature (as was done in Southern Rhodesia in 1923, Ceylon in 1931, New Zealand in 1951, and Singapore in 1955) or the democratisation of and a gradual decrease in powers exercised by the council, as done in India in 1919 and in some Australian states throughout the twentieth century.

In the United States, a legislative council has a different connotation, and means a council within a legislature which supervises nonpartisan support staff.

History In the British Empire, the authority under which legislative councils have been constituted has varied: some under the royal prerogative, others by acts of parliament (that is, the Parliament at Westminster), and some by commission and royal instructions.Wright, Martin. Appendix 9 in The Development of the Legislative Council 1606–1945, in the series "Studies in Colonial Legislatures" edited by Margery Perham of the Institute of Colonial Studies, Oxford, England (Faber & Faber, 1946).

List of legislative councils +Existing national legislative councilsCountryBodyTypeEstablishedNotesLegislative CouncilUnicameral1959Suspended in 1984, reconvened in 2004Legislative CouncilUnicameral1843Established under the British Hong Kong era; Provisional Legislative Council 1997–98Legislative CouncilUpper House Legislative CouncilUnicameral1996Legislative CouncilUnicameral

In India, the Vidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures. +Existing sub-national legislative councilsCountryRegionBodyTypeEstablishedNotesNew South WalesLegislative CouncilUpper House1824Unicameral until 1856South AustraliaLegislative CouncilUpper House1840Unicameral until 1857TasmaniaLegislative CouncilUpper House1825Unicameral until 1856VictoriaLegislative CouncilUpper House1851Unicameral until 1856Western AustraliaLegislative CouncilUpper House1832Unicameral until 1890Andhra PradeshLegislative CouncilUpper House1958Abolished between 1985 and 2007BiharLegislative CouncilUpper House1912Unicameral until 1920KarnatakaLegislative CouncilUpper House1956MaharashtraLegislative CouncilUpper House1960TelanganaLegislative CouncilUpper House2014Uttar PradeshLegislative CouncilUpper House1935ZuliaLegislative CouncilUnicameral1864

+Defunct national and colonial legislative councilsCountry / ColonyBodyTypeEstablishedDisestablishedNotesLegislative CouncilUnicameral 1947 Legislative CouncilUnicameral Established under instructions to the governorLegislative CouncilUnicameral 1841 Letters patentLegislative CouncilUnicameral 1963 Established under instructions to the governor BasutolandLegislative CouncilUnicameral 1960 Established under instructions to the governorLegislative CouncilUnicameral19611965Legislative CouncilBicameral1612 1980Originally a single thirteen-member Council combined Executive (cabinet) and Legislative functions. Established under royal charters to the London Company in 1606, 1609, and 1612, and to the Somers Isles Company in 1615, transmitted via the Governor. Elected lower House of Assembly held first session in 1620, with council becoming upper house. The council split in 1888 into an Executive Council and a Legislative Council. Colonial legislature was updated to the Westminster system in 1968. Executive Council was renamed the Cabinet in 1973, and is now formed from Members of the majority party in the House of Assembly. Legislative Council was renamed the Senate of Bermuda in 1980, and is now composed of five Members recommended by the Premier, three by the Leader of the Opposition, and three by the Governor acting in his own discretion, all appointed by the Governor.Legislative CouncilUnicameral18671871Legislative CouncilUnicameral19281961Established by an act of Parliament, the British Guiana Act 1928; abolished between 1953 and 1954.Legislative CouncilUnicameral1853 Established under instructions to the governorImperial Legislative CouncilBicameral18611947Unicameral until 1920Legislative CouncilUnicameral1867 2007Legislative CouncilUnicameral18971936Legislative CouncilUnicameral18331931Established under the prerogativeLegislative CouncilUnicameral Established under the prerogativeLegislative CouncilUnicameral1832 Established by an act of ParliamentLegislative CouncilUnicameral18452009Established under the British Settlements Act 1843Legislative CouncilUnicameral Established under the prerogativeLegislative CouncilUnicameral1843 Established under the British Settlements Act 1843Legislative CouncilUnicameral19501969Legislative CouncilUnicameral Established under the British Settlements Act 1843 GrenadaLegislative CouncilUnicameral1924 Established by the Saint Vincent, Tobago, and Grenada Constitution Act 1876 Legislative CouncilUnicameral 1866 Legislative CouncilUnicameral19071963Established under the British Settlements Act 1843 Lower CanadaLegislative CouncilUpper House17911841Federal Legislative CouncilUnicameral19481957Legislative CouncilUnicameral Established under the prerogativeLegislative CouncilUnicameral19341945Puppet state of the Empire of JapanLegislative CouncilUnicameral19221923Legislative CouncilUnicameral Established under the prerogativeLegislative CouncilUnicameral 2011Established under instructions to the governorLegislative CouncilUpper House18411950Unicameral until 1853Legislative CouncilUpper House18331934Legislative CouncilUnicameral Established under the prerogativeLegislative CouncilUnicameral Established under the Foreign Jurisdiction Act 1843Legislative CouncilUnicameral1907 Established under the Foreign Jurisdiction Act 1843 Papua New GuineaLegislative CouncilUnicameral19511963 Portuguese GuineaLegislative CouncilUnicameral19631972Became the Legislative Assembly Portuguese West AfricaLegislative CouncilUnicameral19221972Abolished between 1926 and 1955 Province of CanadaLegislative CouncilUpper House18411867Legislative CouncilConsultative19231948Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 ConstitutionLegislative CouncilUnicameral1832 Established under instructions to the governorLegislative CouncilUnicameral1832 1967Established under the prerogativeLegislative CouncilUnicameral1924 Established by the Saint Vincent, Tobago, and Grenada Constitution Act 1876 Legislative CouncilUnicameral1962 1970 Established under the prerogative Sierra LeoneLegislative CouncilUnicameral Established under the British Settlements Act 1843Legislative CouncilUnicameral19601970Legislative CouncilUnicameral18981923Established under the prerogativeLegislative CouncilUnicameral1867 Established by an act of Parliament, the Straights Settlement Act 1866, and letters patent of 4 February 1867.Legislative CouncilUnicameral19461953Legislative CouncilUnicameral1964 1967 Established in the Constitution of 1964Legislative CouncilUnicameral19251961Established under the prerogativeLegislative CouncilUnicameral Established under the Foreign Jurisdiction Act 1843Legislative CouncilUnicameral 2006Legislative CouncilUnicameral19201962Established under the Foreign Jurisdiction Act 1843 Upper CanadaLegislative CouncilUpper House17911841Legislative CouncilUnicameral19721990

+Defunct sub-national legislative councilsCountryRegionBodyTypeEstablishedDisestablishedNotesQueenslandLegislative CouncilUpper House18601922BengalLegislative CouncilUpper House18611947Unicameral until 1937Eastern Bengal and AssamLegislative CouncilUnicameral19061912ManitobaLegislative CouncilUpper House18701876 First province to eliminate upper chamber.New BrunswickLegislative CouncilUpper House17851891Nova ScotiaLegislative CouncilUpper House18381928Prince Edward IslandLegislative CouncilUpper House17731893QuebecLegislative CouncilUpper House18671968 Last province to eliminate upper chamber.AssamLegislative CouncilUpper House1935 1969BombayLegislative CouncilUpper House18611960Unicameral until 1935CochinLegislative CouncilUnicameral19251949Jammu and KashmirLegislative CouncilUpper House19572019Madhya PradeshLegislative CouncilUpper House1956 1969PunjabLegislative CouncilUpper House1956 1969Tamil NaduLegislative CouncilUpper House19561986West BengalLegislative CouncilUpper House1952 1969DelawareLegislative CouncilUpper House17761792Florida TerritoryLegislative CouncilBicameral18221845New JerseyLegislative CouncilUpper House17761844South CarolinaLegislative CouncilUpper House17761778

United States In American English, the term "legislative council" has acquired a slightly different meaning since the 1930s. It refers to a joint committee with members from both houses of the state legislature, which supervises a staff of attorneys, accountants, and researchers charged with providing strictly nonpartisan support services to the legislature or to particular committees. The concept of the legislative council was first developed in Kansas and was implemented by the Kansas Legislature in 1933. Eventually, a majority of U.S. states adopted legislative councils, but under a variety of names. Between 1933 and 1959, at least 32 states had legislative councils.

Kansas still uses a legislative council, although it was converted into the Kansas Legislative Coordinating Council in 1971. Legislative councils operating under that name exist in the states of Arkansas, Arizona, Colorado, Montana, North Dakota, Texas, and Wisconsin. Several states use the term "commission" for the same thing, including New Jersey and Nevada.

A few states, like California, have a "legislative counsel", not "council", who is appointed by a vote of the entire legislature and is thus responsible to the body as a whole rather than a "council" within it.

See also

House of Assembly Legislative assembly Legislative Yuan

References