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.

List of legislative councils

Existing national legislative councils
CountryBodyTypeEstablishedNotes
Brunei DarussalamLegislative CouncilUnicameral1959Suspended in 1984, reconvened in 2004
Hong KongLegislative CouncilUnicameral1843Established under the British Hong Kong era; Provisional Legislative Council 1997–98
Isle of ManLegislative CouncilUpper House
PalestineLegislative CouncilUnicameral1996
Saint HelenaLegislative CouncilUnicameral

In India, the Vidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures.

Existing sub-national legislative councils
CountryRegionBodyTypeEstablishedNotes
AustraliaNew South WalesLegislative CouncilUpper House1824Unicameral until 1856
AustraliaSouth AustraliaLegislative CouncilUpper House1840Unicameral until 1857
AustraliaTasmaniaLegislative CouncilUpper House1825Unicameral until 1856
AustraliaVictoriaLegislative CouncilUpper House1851Unicameral until 1856
AustraliaWestern AustraliaLegislative CouncilUpper House1832Unicameral until 1890
IndiaAndhra PradeshLegislative CouncilUpper House1958Abolished between 1985 and 2007
IndiaBiharLegislative CouncilUpper House1912Unicameral until 1920
IndiaKarnatakaLegislative CouncilUpper House1956
IndiaMaharashtraLegislative CouncilUpper House1960
IndiaTelanganaLegislative CouncilUpper House2014
IndiaUttar PradeshLegislative CouncilUpper House1935
VenezuelaZuliaLegislative CouncilUnicameral1864
Defunct national and colonial legislative councils
Country / ColonyBodyTypeEstablishedDisestablishedNotes
AdenLegislative CouncilUnicameral1947
Antigua and BarbudaLegislative CouncilUnicameralEstablished under instructions to the governor
BahamasLegislative CouncilUnicameral1841Letters patent
BarbadosLegislative CouncilUnicameral1963Established under instructions to the governor
BasutolandLegislative CouncilUnicameral1960Established under instructions to the governor
Bechuanaland ProtectorateLegislative CouncilUnicameral19611965
BermudaLegislative CouncilBicameral16121980Originally 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.
British ColumbiaLegislative CouncilUnicameral18671871
British GuianaLegislative CouncilUnicameral19281961Established by an act of Parliament, the British Guiana Act 1928; abolished between 1953 and 1954.
British HondurasLegislative CouncilUnicameral1853Established under instructions to the governor
British IndiaImperial Legislative CouncilBicameral18611947Unicameral until 1920
British Virgin IslandsLegislative CouncilUnicameral18672007
BurmaLegislative CouncilUnicameral18971936
CeylonLegislative CouncilUnicameral18331931Established under the prerogative
CyprusLegislative CouncilUnicameralEstablished under the prerogative
DominicaLegislative CouncilUnicameral1832Established by an act of Parliament[which?]
Falkland IslandsLegislative CouncilUnicameral18452009Established under the British Settlements Act 1843
FijiLegislative CouncilUnicameralEstablished under the prerogative
GambiaLegislative CouncilUnicameral1843Established under the British Settlements Act 1843
GibraltarLegislative CouncilUnicameral19501969
Gold CoastLegislative CouncilUnicameralEstablished under the British Settlements Act 1843
GrenadaLegislative CouncilUnicameral1924Established by the Saint Vincent, Tobago, and Grenada Constitution Act 1876
JamaicaLegislative CouncilUnicameral1866
KenyaLegislative CouncilUnicameral19071963Established under the British Settlements Act 1843
United Kingdom Lower CanadaLegislative CouncilUpper House17911841
MalayaFederal Legislative CouncilUnicameral19481957
MaltaLegislative CouncilUnicameralEstablished under the prerogative
ManchukuoLegislative CouncilUnicameral19341945Puppet state of the Empire of Japan
Mandatory PalestineLegislative CouncilUnicameral19221923
MauritiusLegislative CouncilUnicameralEstablished under the prerogative
MontserratLegislative CouncilUnicameral2011Established under instructions to the governor
New ZealandLegislative CouncilUpper House18411950Unicameral until 1853
NewfoundlandLegislative CouncilUpper House18331934
NigeriaLegislative CouncilUnicameralEstablished under the prerogative
Northern RhodesiaLegislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act 1843
NyasalandLegislative CouncilUnicameral1907Established under the Foreign Jurisdiction Act 1843
Papua New GuineaLegislative CouncilUnicameral19511963
Portugal Portuguese GuineaLegislative CouncilUnicameral19631972Became the Legislative Assembly
Portugal Portuguese West AfricaLegislative CouncilUnicameral19221972Abolished between 1926 and 1955
United Kingdom Province of CanadaLegislative CouncilUpper House18411867
RomaniaLegislative CouncilConsultative19231948Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 Constitution
St Kitts-Nevis-AnguillaLegislative CouncilUnicameral1832Established under instructions to the governor
St LuciaLegislative CouncilUnicameral18321967Established under the prerogative
St VincentLegislative CouncilUnicameral1924Established by the Saint Vincent, Tobago, and Grenada Constitution Act 1876
SeychellesLegislative CouncilUnicameral19621970Established under the prerogative
Sierra LeoneLegislative CouncilUnicameralEstablished under the British Settlements Act 1843
Solomon IslandsLegislative CouncilUnicameral19601970
Southern RhodesiaLegislative CouncilUnicameral18981923Established under the prerogative
Straits SettlementsLegislative CouncilUnicameral1867Established by an act of Parliament, the Straights Settlement Act 1866, and letters patent of 4 February 1867.
SingaporeLegislative CouncilUnicameral19461953
SwazilandLegislative CouncilUnicameral19641967Established in the Constitution of 1964
Trinidad and TobagoLegislative CouncilUnicameral19251961Established under the prerogative
TanganyikaLegislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act 1843
Turks and Caicos IslandsLegislative CouncilUnicameral2006
UgandaLegislative CouncilUnicameral19201962Established under the Foreign Jurisdiction Act 1843
United Kingdom Upper CanadaLegislative CouncilUpper House17911841
ZaireLegislative CouncilUnicameral19721990
Defunct sub-national legislative councils
CountryRegionBodyTypeEstablishedDisestablishedNotes
AustraliaQueenslandLegislative CouncilUpper House18601922
British IndiaBengalLegislative CouncilUpper House18611947Unicameral until 1937
British IndiaEastern Bengal and AssamLegislative CouncilUnicameral19061912
CanadaManitobaLegislative CouncilUpper House18701876First province to eliminate upper chamber.
CanadaNew BrunswickLegislative CouncilUpper House17851891
CanadaNova ScotiaLegislative CouncilUpper House18381928
CanadaPrince Edward IslandLegislative CouncilUpper House17731893
CanadaQuebecLegislative CouncilUpper House18671968Last province to eliminate upper chamber.
IndiaAssamLegislative CouncilUpper House19351969
IndiaBombayLegislative CouncilUpper House18611960Unicameral until 1935
IndiaCochinLegislative CouncilUnicameral19251949
IndiaJammu and KashmirLegislative CouncilUpper House19572019
IndiaMadhya PradeshLegislative CouncilUpper House19561969
IndiaPunjabLegislative CouncilUpper House19561969
IndiaTamil NaduLegislative CouncilUpper House19561986
IndiaWest BengalLegislative CouncilUpper House19521969
United StatesDelawareLegislative CouncilUpper House17761792
United StatesFlorida TerritoryLegislative CouncilBicameral18221845
United StatesNew JerseyLegislative CouncilUpper House17761844
United StatesSouth 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