Model Answer
0 min readIntroduction
The Legislative Council, or Vidhan Parishad, is the upper house in those Indian states that have a bicameral legislature. Established under Article 169 of the Constitution, it is a permanent body, unlike the Legislative Assembly which is subject to dissolution. Currently, only six states – Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh – have a Legislative Council. Recently, there have been recurring debates regarding the relevance and financial burden of maintaining these councils, with some states considering their abolition, prompting a re-evaluation of their role in the Indian parliamentary system.
Constitutional Basis and Composition
Article 169 of the Constitution empowers state legislatures to abolish or create a Legislative Council by a resolution passed by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members present and voting. The composition varies across states, with members elected by MLAs, graduates, teachers, and local bodies. The total strength of a Legislative Council is generally not more than one-third of the total strength of the Legislative Assembly.
Functions of the Legislative Council
- Legislative Function: The Council shares legislative powers with the Legislative Assembly. A bill can originate in either house, but in case of disagreement, a joint sitting is not convened, and the will of the Assembly prevails.
- Scrutiny and Delaying Power: It scrutinizes bills passed by the Assembly and can suggest amendments. It can delay a bill for a maximum of four months.
- Representation of Diverse Interests: The Council provides representation to various sections of society, including graduates, teachers, and local bodies, ensuring broader participation in the legislative process.
- Non-Money Bills: The Council cannot initiate or amend Money Bills.
Arguments in Favour of Legislative Councils
- Enhanced Scrutiny: Provides a second layer of scrutiny for legislation, potentially improving the quality of laws.
- Representation of Marginalized Groups: Offers representation to constituencies not adequately represented in the Legislative Assembly, such as teachers and graduates.
- Experienced Legislators: Often includes experienced politicians and professionals who can contribute valuable insights.
- Decentralization of Power: Promotes a more decentralized legislative process.
Arguments Against Legislative Councils
- Financial Burden: Maintaining a second legislative chamber incurs significant financial costs, including salaries, allowances, and infrastructure. A 2018 report by the NITI Aayog estimated that the annual cost of maintaining Legislative Councils ranges from ₹30-60 crore per state.
- Duplication of Effort: Critics argue that the Council often duplicates the work of the Assembly, leading to unnecessary delays and expenditure.
- Political Polarization: Can become a platform for political maneuvering and obstructionism, hindering the legislative process.
- Limited Impact: The Assembly ultimately has the final say on legislation, diminishing the Council’s practical influence.
Recent Developments and State-Level Experiences
Several states have abolished their Legislative Councils in the past, including Rajasthan (1957), Tamil Nadu (1986), and Madhya Pradesh (1993). In 2023, the Andhra Pradesh government abolished its Legislative Council, citing financial constraints and its perceived ineffectiveness. However, states like Uttar Pradesh and Bihar continue to maintain their Councils, arguing for their role in providing a platform for diverse voices and enhancing legislative scrutiny.
| State | Legislative Council Status (as of Nov 2023) | Key Reason for Continuation/Abolition |
|---|---|---|
| Andhra Pradesh | Abolished | Financial burden and perceived ineffectiveness |
| Bihar | Exists | Representation of diverse interests and legislative scrutiny |
| Karnataka | Exists | Provides a platform for experienced legislators |
| Maharashtra | Exists | Historical precedent and representation of various groups |
| Telangana | Exists | Legislative scrutiny and representation |
| Uttar Pradesh | Exists | Representation of teachers, graduates, and local bodies |
Conclusion
The relevance of Legislative Councils remains a contentious issue. While they offer potential benefits in terms of enhanced scrutiny and representation, the financial burden and potential for duplication of effort cannot be ignored. The decision to retain or abolish a Legislative Council should be based on a careful assessment of the specific socio-political context and financial constraints of each state. A pragmatic approach, focusing on maximizing the Council’s effectiveness and minimizing its costs, is essential to ensure its continued relevance in the Indian federal system.
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.