EDITORIALS & ARTICLES
What are the Legislative Councils?. How are they created and why are they significant?.
India has a bicameral system i.e., two Houses of Parliament. At the state level, the equivalent of the Lok Sabha is the Vidhan Sabha or Legislative Assembly; that of the Rajya Sabha is the Vidhan Parishad or Legislative Council. Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.
Constitutional Provisions
- Article 169 (Creation and Abolition):
- The Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.
- Special majority implies
- A majority of the total membership of the assembly and
- A majority of not less than two-thirds of the members of the assembly present and voting.
- Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members.
Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
Criticism of the legislative councils in the states
- Vested Interests: Legislative Council often serves as a stronghold of vested interests, which do not support progressive legislation. Instead, they block such legislation initiated by the popularly elected Legislative Assembly.
- Not an Effective Check: Powers of the Legislative Councils are limited to the extent that they can hardly impose any effective check on the Assemblies. Whether a Bill is liked by the Council or not, it is apt to be passed maximum after four months’ delay if the Assembly so decides.
- Backdoor Entrance of the Defeated Members: Legislative Council may be utilized to accommodate discredited party-men who may not be returned to the Assemblies.
- Costly Institution: The second house is often considered as a heavy burden on public exchequer without any great significance.
- Heterogeneous Chamber: The composition of the Legislative Council also has entailed a very severe criticism. A blend of direct election, indirect election and nomination make the Council a hotchpotch of representation.
- Dysfunctional representation: From the functional representation point of view, the representation is too narrow. Many other professions apart from the enumerated in the constitution also deserve representation.
Advantages of the Legislative councils
- Check against Hasty Legislation: The second chambers in the States protect the interests of the people against the hasty and ill-considered legislation initiated and passed by the lower Houses.
- Check on Despotic Tendencies of Lower Chamber: The imposition of check on autocracy of the lower chambers.
- Accommodation of Election Shy Talent: Moreover, elderly, experienced and sober individuals, cannot-bear the ordeal of electioneering neither campaign nor are they keen to indulge in vicious party politics. The presence of such an element in the legislature of a State not only adds to its grace, but also exercises a sobering and purifying influence on the politics of the State.
- Initiation of Non-Controversial Bills in Upper Chambers: The bills of non-controversial nature can start their course in the Councils first. It lessens the burden of the lower House and enables it to fully concentrate on measures of greater importance.
- Thorough Discussion on the Bills by More Mature and Seasoned Members: The atmosphere in the Councils is comparatively serene. Emotions do not run riot there as political antagonism or factional rivalry is almost nonexistent in the Council. Emotional outbursts are also rare. Hence the standard of debates in the Legislative Councils is high and the pros and cons of the legislation in question are thrashed out dispassionately.
There is a need for a wide range of debates and public and intellectual opinions to have an Upper House in all state legislatures. Legislative councils should be a responsible body that can also form their part in policies and programs for the development of states.
More Info:
Do all states have Legislative Councils?
No. Our constitution does not force a bicameral legislature on states. It gives states the option of having a second House. As of today, seven states have Legislative Councils. These are Jammu and Kashmir, Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
The creation of a Legislative Council in Tamil Nadu has been a contentious issue in the state’s politics for the last 25 years. Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority. In 1986, the Tamil Nadu Assembly, with the AIADMK in majority, passed a resolution abolishing the second chamber. The DMK and AIADMK have wrestled on the issue ever since — with the last DMK attempt to restore the Legislative Council coming in 2010, when Parliament enacted the Tamil Nadu Legislative Council Act, 2010.
However, the AIADMK returned to power before the Council could be constituted, and the Assembly passed a resolution withdrawing the 2010 decision. To give effect to the Assembly’s resolution, there is a Bill pending in Parliament to repeal the law that formed the Council.
Andhra Pradesh had a Legislative Council from 1958, abolished it in 1985, and reconstituted it in 2007.
Proposals to create Legislative Councils in Rajasthan and Assam are pending in Parliament. In 2010, MLAs in Assam unanimously passed a resolution for the creation of a Council. Rajasthan MLAs passed a similar resolution in 2012. The Standing Committee examining these Bills endorsed the creation of Upper Houses in both states. It also recommended that the central government evolve a national policy for the creation of second chambers in state legislatures.
How much money is needed to set up a Legislative Council?
Requirements would differ from state to state. Rajasthan told the Standing Committee that approximately Rs 100 crore would be required; Assam quoted a one-time expenditure of Rs 68.88 crore, and a recurring annual expenditure of Rs 19.28 crore.
How are members of the Council elected?
Membership may vary, but the 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.)
About 1/3rd of members are elected by members of the Assembly, another 1/3rd by electorates consisting of members of municipalities, district boards and other local authorities in the state, 1/12th by an electorate consisting of teachers, and 1/12th by registered graduates. The remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, the cooperative movement, and social service. Legislative Councils are permanent Houses, and like Rajya Sabha, one-third of their members retire every two years.
Were any prominent national leaders earlier members of Legislative Councils?
As per Lok Sabha data, 21 MPs were MLCs earlier. The list includes Rajnath Singh, Nitin Gadkari, Sadananda Gowda, Mulayam Singh Yadav, Ashok Chavan and Jagdambika Pal.
Do Rajya Sabha and Vidhan Parishads have similar powers?
Not really. The constitution gives Councils limited legislative powers. Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack the constitutional mandate to do so. Legislative Assemblies have the power to override suggestions/amendments made to a legislation by the Council.
Also, while Rajya Sabha MPs can vote in the election of the President and Vice-President, members of Legislative Councils can’t. MLCs also can’t vote in the elections of Rajya Sabha members.
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