Legislative Councils in India are established under Article 169, allowing states to create them. Their efficacy varies; some states like Karnataka benefit from a bicameral legislature, fostering diverse representation, while others, like Tamil Nadu, advocate for their abolition due to perceived redundancy and financial burden.
UPSC Mains General Studies Paper – 2 Mains 2021
UPSC Mains Civil Services IAS Exam Question Paper – 2021
Approach
- Start with a brief intro of the keywords “Legislative councils”.
- Explain the constitutional provisions under which Legislative Councils.
- Discuss the working and the current status of legislative councils with suitable illustrations.
- Conclusion accordingly.
Answer
Introduction
- In India, the political system follows a bicameral structure consisting of two Houses of Parliament. Similar to this arrangement, at the state level, there exists the Vidhan Sabha or Legislative Assembly, which is equivalent to the Lok Sabha, and the Vidhan Parishad or Legislative Council, which mirrors the Rajya Sabha. According to Article 169 of the Indian constitution, the Parliament possesses the authority to establish or eliminate the second chamber in a state through legislation, provided that the Legislative Assembly of that particular state passes a resolution to that effect with a special majority.
Body
The constitutional provisions under which Legislative Councils: The provisions for Legislative Councils in India are outlined in the Constitution of India. Specifically, the relevant constitutional provisions are as follows:
- Article 168: This article deals with the composition of the Legislative Council at the state level. It states that there shall be a Legislative Council for states having a population exceeding one crore (ten million). However, smaller states and those with a population below this threshold may also have a Legislative Council if a resolution to that effect is passed by the Legislative Assembly of the state.
- Article 169: This article empowers Parliament to create or abolish a Legislative Council in a state. It specifies that if the Legislative Assembly of a state passes a resolution by a special majority, indicating the state’s desire to create or abolish the Legislative Council, Parliament may pass a law to that effect.
- Article 170: This article deals with the composition of the Legislative Assembly. It specifies the number of seats in the Legislative Assembly and the method of their allocation based on the population of the state. It also outlines the reservation of seats for Scheduled Castes (SCs) and Scheduled Tribes (STs).
- Article 171: This article concerns the composition of the Legislative Council. It provides for the representation of various constituencies, including the members elected by different bodies, such as local authorities and graduates. It also outlines the method of election or nomination of members to the Legislative Council.
- Article 172: This article deals with the duration of the Legislative Assembly and the Legislative Council. It specifies that the normal term of a Legislative Assembly is five years, but it can be dissolved earlier in certain circumstances. The term of a Legislative Council is six years, with one-third of its members retiring every two years.
The working and the current status of legislative councils with suitable illustrations: Legislative Councils in India serve as the upper house or second chamber in the states that have them. Their working and status vary across different states. Let’s discuss the working and current status of Legislative Councils with suitable illustrations:
Working of Legislative Councils:
- Role and Functions: Legislative Councils play a crucial role in the legislative process by providing a platform for in-depth discussions, revising and scrutinising bills, and acting as a check on the Legislative Assembly. They contribute to the legislative process by bringing diverse perspectives, expertise, and experience.
- Composition: The composition of Legislative Councils differs from state to state. They consist of members elected by various constituencies, including local authorities, members nominated by the Governor, and members elected by specific groups such as graduates, teachers, and other professionals.
- Legislative Process: The legislative process in Legislative Councils involves introducing bills, discussing them in detail, suggesting amendments, and voting on their passage. The Councils have the power to make amendments to bills, send them back to the Assembly for reconsideration, and even delay or block certain legislation.
- Representation and Debate: Legislative Councils provide a platform for diverse voices and representation. They offer opportunities for comprehensive debates on legislative matters, allowing for thorough scrutiny and examination of proposed laws.
Current Status of Legislative Councils:
- Existing Councils: As of my knowledge cutoff in September 2021, seven Indian states have Legislative Councils, namely Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
- Abolition of Councils: In some states, Legislative Councils have been abolished. For instance, Tamil Nadu and Odisha had Legislative Councils in the past but abolished them through constitutional amendments in 1986 and 2019, respectively.
- Recent Developments: The status of Legislative Councils is subject to changes over time. For example, in 2020, the Andhra Pradesh Legislative Assembly passed a resolution in favour of abolishing the Legislative Council, but it is pending consideration by Parliament. Similarly, the Jammu and Kashmir Reorganisation Act 2019 provides for the establishment of a new Legislative Council in the union territory of Jammu and Kashmir, which is yet to be constituted.
- Political Significance: The existence or absence of Legislative Councils can have political implications. Legislative Councils often play a role in balancing power between different political parties and providing representation to specific groups or regions.
conclusion
- Thus, The constitutional provisions provide a framework for the establishment and functioning of Legislative Councils, and their working and status vary across states. The presence of Legislative Councils can enhance the legislative process by providing a platform for detailed deliberations and comprehensive scrutiny of legislation. However, their effectiveness and relevance continue to be subjects of discussion and deliberation in India’s evolving political landscape.
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