Introduction
Under Article 168 of the Constitution, states have the option of operating a bicameral legislature, an arrangement currently found in six Indian states. Article 169 provides a distinct and flexible procedure empowering Parliament to create or abolish a State Legislative Council based on the initiative of the respective State Legislative Assembly.
Constitutional Provisions for Creation and Abolition
The constitutional procedure for the establishment or dissolution of a Legislative Council balances state autonomy with parliamentary supremacy:
- Article 169(1) Procedure: The State Legislative Assembly must first pass a resolution by a special majority—a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting. Following this, Parliament can enact a law to give effect to the creation or abolition by a simple majority.
- Article 169(3) Exclusion: The Constitution explicitly specifies that any such law passed by Parliament shall not be deemed to be an amendment of the Constitution for the purposes of Article 368, simplifying the legislative pathway.
Rationale: Creation vs. Abolition
The debate surrounding bicameralism in states rests on competing institutional and administrative priorities:
- Arguments for Creation:
- Check on Hasty Legislation: It acts as a revising chamber to review bills passed hurriedly in the lower house amidst political pressures.
- Functional and Expert Representation: Under Article 171, one-sixth of members are nominated by the Governor for expertise in literature, science, art, cooperative movements, and social service, while others represent local bodies, teachers, and graduates.
- Broad-Based Deliberation: It allows non-career politicians and domain specialists to participate in governance without facing direct elections.
- Arguments for Abolition:
- Drain on the Exchequer: Maintaining a second chamber imposes substantial financial costs on state budgets.
- Political Rehabilitation: Councils are frequently criticized for being used as 'rehabilitation centres' to accommodate defeated politicians or accommodate partisan allies with ministerial posts.
- Legislative Bottlenecks: They can cause delays in administrative and legislative processes without possessing the power to prevent bills from passing. Recent instances include Andhra Pradesh passing an abolition resolution in 2020, while West Bengal and Odisha passed resolutions seeking council creation.
Status: Council vis-à-vis Assembly
Unlike the federal parity enjoyed in many respects by the Rajya Sabha with the Lok Sabha, the Legislative Council is designed to be structurally subordinate to the Legislative Assembly:
- Spheres of Parity:
- Ministers, including the Chief Minister, can be drawn from either chamber.
- Members of both houses enjoy identical parliamentary privileges, immunities, and salaries.
- Both houses deliberate upon and question statutory reports tabled by bodies like the Comptroller and Auditor General (CAG) and State Public Service Commissions (SPSC).
- Subordination of the Council:
- Financial Legislation: Money Bills can only be introduced in the Assembly. The Council can neither amend nor reject a Money Bill; it can only suggest recommendations and retain it for a maximum of 14 days.
- Ordinary Bills: The Council has only a suspensive delay power. It can delay a bill for up to 3 months in the first instance and 1 month upon second passage by the Assembly (a total maximum delay of 4 months). The Assembly's will ultimately prevails.
- No Joint Sitting: There is no provision for a joint sitting under Article 108 for resolving legislative deadlocks between the two state houses.
- Constitutional & Electoral Disenfranchisement: Members of the Legislative Council do not vote in Presidential elections, nor does the Council have any role in ratifying constitutional amendments under Article 368.
Conclusion
Unlike the Rajya Sabha, the State Legislative Council is neither a permanent body representing federal constituents nor an equal revising chamber. To prevent councils from being created or abolished purely for short-term political expediency, a standardized national policy should be framed, as recommended by the National Commission to Review the Working of the Constitution (NCRWC).