Explanation:

Under Article 171(1) and Article 172 of the Consitution, Legislative Council must not have more than a third of the total membership of the Assembly of that state, and in no case fewer than 40 members. (The exception is J&K, where the Legislative Council has 36 members vide Section 50 of the constitution of the state.)
The Chairman of the Legislative Council is elected by the council itself from amongst its members.