Model Answer
0 min readIntroduction
Legislative Councils, or Vidhan Parishads, are the upper houses of state legislatures in India, existing in only six states currently. These councils are a vestige of the Government of India Act, 1935, and were retained in the Constitution with modifications. While intended to provide a check on the legislative assembly and represent diverse interests, their efficacy and relevance have been debated since independence. Understanding the constitutional provisions governing their establishment and a review of their current functioning is crucial to assess their role in India’s federal structure.
Constitutional Provisions for Establishment
The primary constitutional provision governing the establishment of Legislative Councils is Article 169 of the Constitution. This article outlines the process for creating or abolishing a Legislative Council in a state.
- State Legislative Assembly Resolution: A resolution must be passed by the State Legislative Assembly by a majority of its total membership.
- Parliament’s Approval: The resolution must then be ratified by the Parliament through a simple majority vote in both Houses. This means both Lok Sabha and Rajya Sabha must approve the creation or abolition.
- No Requirement for State Consent Bill: Unlike constitutional amendment bills requiring ratification by at least half of the state legislatures, Article 169 does not necessitate such consent.
The maximum strength of a Legislative Council is fixed at one-third of the total strength of the State Legislative Assembly, with a minimum strength of 40 members. The composition of the Council is determined by the state legislature, but it generally includes:
- Members elected by members of local bodies (e.g., municipalities, district boards).
- Members elected by graduates residing in the state.
- Members elected by teachers residing in the state.
- Nominated members by the Governor (representing various interests like arts, literature, commerce, etc.).
Working and Functioning of Legislative Councils
The Legislative Council functions as a revising chamber. Bills passed by the Legislative Assembly are sent to the Council for review. The Council can:
- Delay Legislation: It can delay a bill for a maximum of four months. If the Council doesn’t return the bill within this period, it is deemed to have been passed.
- Reject Money Bills: The Council cannot reject Money Bills. It can only suggest amendments, which the Assembly may or may not accept.
- Amend Non-Money Bills: The Council can amend ordinary bills. If the Assembly disagrees with the amendments, it can override the Council’s objections by passing the bill again.
The primary functions of the Legislative Council are to scrutinize legislation, represent diverse interests, and provide a platform for debate on issues of public importance. However, critics argue that they often duplicate the work of the Legislative Assembly and are prone to political maneuvering.
Current Status – A State-wise Review
Currently, only six states have Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. Several states have abolished their Councils in the past, including Rajasthan (1957), Tamil Nadu (1986), and West Bengal (1969). The reasons for abolition often cite financial burden and lack of significant contribution to the legislative process.
| State | Legislative Council Status | Key Observations |
|---|---|---|
| Andhra Pradesh | Exists | Revived in 2022 after being abolished in 1985. |
| Bihar | Exists | Historically significant, often used for political negotiations. |
| Karnataka | Exists | Frequently witnesses political deadlock and delays in passing legislation. |
| Maharashtra | Exists | Plays a role in representing diverse regional interests. |
| Telangana | Exists | Established in 2011, relatively new Council. |
| Uttar Pradesh | Exists | Largest Legislative Council in terms of membership. |
The recent revival of the Legislative Council in Andhra Pradesh demonstrates a renewed interest in the upper house, potentially driven by the desire to provide greater representation to local bodies and diverse sections of society. However, the effectiveness of these councils remains a subject of ongoing debate.
Conclusion
Legislative Councils, established under Article 169, represent a unique feature of India’s state legislative structure. While intended to provide a check on the Assembly and represent diverse interests, their actual functioning and relevance have been questioned. The varying experiences of states – some abolishing them and others retaining them – highlight the complexities surrounding their utility. A critical evaluation of their performance, considering their cost-effectiveness and contribution to legislative quality, is essential to determine their future role in India’s democratic framework.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.