Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. UPSC IAS Mains 2021 General Studies (Paper – 2)
India follows a bicameral system at both the Centre and State level. Under this system, the State’s legislature is divided into two parts - Legislative Assembly or Vidhan Sabha and Legislative Council or Vidhan Parishad.
The Legislative Council is the upper house of the State. Its institution is outlined in Article 169 of the Constitution. Presently, only Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh have Legislative Councils.
Formation:
- As per Article 169, the Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist) by a simple majority, if the Legislative Assembly of the concerned State, by a special majority, passes a resolution to that effect.
- As per Article 171 of the Indian Constitution, the total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly.
- The members of the Council are either nominated by the Governor of the state or are indirectly elected. Of the total number of members of the Legislative Council:
- 1/3 of members are elected by electorates consisting of the members of local authorities,
- 1/12 are elected by electorates consisting of graduates residing in the state,
- 1/12 are elected by electorates consisting of persons engaged in teaching,
- 1/3 are elected by the members of Legislative Assembly and
- the remaining are nominated by the Governor.
- 1/3 of the members of Legislative Council retire every 2 years.
Functions:
- Legislative: Non-money bills can be introduced in the Legislative Council. When a non-money bill, passed by the Legislative Assembly, comes to the Legislative Council, the latter can pass it or can send it back with amendments to the Legislative Assembly for its reconsideration.
- Financial: The Legislative Council has only limited powers in financial matters. A money bill cannot be introduced in the Legislative Council. It can be introduced only in the Legislative Assembly.
- Control over Executive: The Legislative Council does not have much control over the executive. The Council of Ministers is responsible to the Legislative Assembly. Even if the government is defeated in the Legislative Council, it is not bound to resign.
- Miscellaneous: The Legislative Council elects its own Chairman and Deputy Chairman. The Council discusses technical matters as there are experts as its members.
The legislative power of the Councils is limited. They lack a constitutional mandate to shape non-financial legislation. Besides, the Assemblies can override suggestions/amendments made to legislation by the Council. Critics of Legislative Councils state that the Councils act as a burden on the State budget and are used to park leaders who have not been able to win an election.
Nevertheless, the Legislative Councils serve some useful purposes. They act as a check against hasty legislation passed by the Assemblies. They also accommodate election shy talent. That is, the elderly, experienced and sober individuals, who cannot-bear the ordeal of electioneering get onboarded to the Council. For example, Bihar Chief Minister is a member of the Legislative Council.
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