Key Facts

Two newly elected Independent members of the Bihar Legislative Council, chosen from the Graduates' and Teachers' constituencies, have been accused by the Opposition of joining the ruling party; one of them says he only extended support. The Opposition has sought action under the Tenth Schedule. The council elections held on 23 October 2026 covered 28 seats in Karnataka, Maharashtra, Uttar Pradesh and Bihar, of which the NDA won 16, the Samajwadi Party 5 and the NCP (SP) 2, while the Congress, RJD and Jan Suraaj won one each and two Independents won in Bihar. The Congress contested 12 seats and won only one, and it lost all seats in Karnataka, where it governs.

GK Context

Under the Tenth Schedule, added by the 52nd Amendment in 1985, an elected Independent member is disqualified if he joins a political party after election, and the presiding officer (the Chairman in a Legislative Council) decides disqualification petitions, subject to judicial review as laid down in Kihoto Hollohan (1992). Article 171 provides that a Legislative Council has one-third of members elected by MLAs, one-third by local bodies, one-twelfth by graduates, one-twelfth by teachers and the rest nominated. Only six states, Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka, have a Legislative Council, and one-third of its members retire every two years.