Q.24 Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. GS-II: POLITY (UPSC CSE 2021)

Answer:

INTRODUCTION:

Article 168 provides for bicameral legislatures in states, consisting of the Governor, Legislative Assembly and Legislative Council. Legislative Councils in India are established under Article 169 of the Constitution, which allows states to create or abolish a second chamber in their legislature.

BODY:

Article 169 empowers Parliament to create or abolish a Legislative Council in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority (majority of total membership and 2/3rds majority of members present and voting).

ARTICLE 171 SPECIFIES THE COMPOSITION OF LEGISLATIVE COUNCILS

• • Total members not to exceed 1/3rd of total members of Legislative Assembly.
  • Minimum 40 members.
  • 1/3rd elected by local bodies.
  • 1/12th elected by graduates.
  • 1/12th elected by teachers.
  • 1/3rd elected by MLAs.
  • 1/6th nominated by Governor.

Article 172 provides for 6-year tenure of MLCs, with 1/3rd members retiring every 2 years.

WORKING OF LEGISLATIVE COUNCILS:

• • Check on Hasty Legislation: By providing a platform for detailed scrutiny, they act as a check on potentially rash decisions by the Assembly. As a permanent body, Legislative Councils provide continuity to legislative process.
  • Accommodation of Expertise: Councils provide a platform for experts and professionals, such as educators and scientists, to participate in the legislative process, enriching policydiscussions.
  • Reducing Legislative Workload: Councils help in sharing the legislative workload, allowing the Assembly to focus on more critical issues while routine matters are handled by the Council.
  • Balancing Radicalism: By providing a platform for more seasoned and experienced individuals, Legislative Councils can balance radical or populist measures proposed by the lower house.

ISSUES WITH LEGISLATIVE COUNCILS:

• • Limited Legislative Power: Councils can only delay legislation, not block it. Their recommendations on bills are not binding, reducing their influence over legislative processes.
  • Financial Burden: Maintaining a Legislative Council is expensive and can be seen as a drain on state resources, especially when their legislative impact is minimal.
  • Political Manipulation: Often used for political rehabilitation, allowing parties to accommodate leaders who lost elections or need a political platform.
  • Vested Interests: Councils can become strongholds for vested interests, blocking progressive legislation initiated by the Assembly.
  • Advisory Nature: Primarily advisory, Councils have limited roles in critical legislative functions like budget approval and constitutional amendments.

PRESENT STATUS AND WORKING EXPERIENCE:

As of 2024, only 6 out of 28 states have Legislative Councils i.e Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, Uttar Pradesh. Some councils like Bihar’s have existed since pre-independence (1912), while others like Telangana’s were formed more recently (2014) after state reorganization.

• • Andhra Pradesh: The state abolished its Legislative Council in 1985, then re-established it in 2007. In 2020, the Assembly again passed a resolution to abolish the Council, highlighting the political nature of these bodies.
  • Tamil Nadu: The Legislative Council was abolished in 1986. Since then, the DMK has made attempts to re-establish it while AIADMK has opposed such moves, showing how it remains a contentious political issue.
  • West Bengal: Approved setting up a Legislative Council after it was abolished 50 years ago, demonstrating renewed interest in bicameralism.
  • Assam and Rajasthan: Both states passed resolutions to establish Legislative Councils in 2010 and 2012 respectively, but the bills are still pending in Parliament, highlighting the complex process involved.

CONCLUSION:

Legislative Councils were envisioned as bodies to provide wider representation and act as a check on hasty legislation, their effectiveness remains debated. The political nature of their creation and abolition, coupled with limited powers, has led to questions about their relevance in modern Indian democracy.