In the Indian Councils Act 1909, the process of forming the provincial legislative council was kept similar to that of central legislative council. 

There were four types of members :

• Ex – office members, 
• Nominated official members, 
• Nominated non-official members 
• elected members.

 The Act established majority of non – official members but not of elected non – official members. The Act increased the membership of the provincial legislative councils. The number of membership was fixed between 30 to 50. The number of members of the provinces – Bombay, Madras, and Bengal was increased from 20 to 50, United Province and Northern Bengal provinces was raised from 15 to 50, and for Punjab, Andaman and Burma it was increased from 9 to 30.

The legislative councils could discuss in its regular meetings the bills proposed and pass them. The members could discuss the budget but could not vote on it. The approved bill from the legislative council needed the acceptance of the governor and lieutenant governor and also the approval from the governor- general. The British government was not bound to accept or to implement or to pass the bills proposed by the legislative councils.