ROLE OF LEGISLATIVE COUNCILS IN INDIA

Why In News?

Biennial elections to 28 Legislative Council seats in Uttar Pradesh, Bihar, Maharashtra and Karnataka have revived the debate on whether State Legislative Councils (Vidhan Parishads) should be reformed or abolished.

What Is A Legislative Council?

• Upper House Of The State: A Legislative Council is the upper house of a bicameral State legislature, much like the Rajya Sabha at the Union level.  

• Revising Chamber: It is meant to give a second look at Bills passed hastily by the Legislative Assembly, and to bring in experienced and expert voices.  

• Optional Chamber: Unlike the Assembly, a Council is optional, and each State decides whether to have one.  

States With Councils

• Six States: Only Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka currently have Legislative Councils.  

• Jammu And Kashmir: The Council of the former State was abolished by the Jammu and Kashmir Reorganisation Act, 2019.  

What Are The Constitutional Provisions On Legislative Councils?

Creation And Abolition (Article 169)

• Two-Step Process: Parliament may create or abolish a Council by an ordinary law, but only after the State Assembly passes a resolution. 

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• Special Majority: The Assembly resolution needs a majority of its total membership and two-thirds of members present and voting. 

• Not A Constitutional Amendment: Under Article 169(3), such a law is not treated as an amendment under Article 368.  

Composition (Article 171)

• Size: A Council's strength cannot exceed one-third of the Assembly's strength, and cannot be less than 40 members.  

• Mixed Membership: Members are chosen through different routes.  

• One-third elected by members of local bodies such as municipalities and district boards

• One-twelfth elected by graduates of at least three years' standing in the State

• One-twelfth elected by teachers of at least three years' standing in secondary schools and above

• One-third elected by MLAs from among people who are not MLAs

• The rest (about one-sixth) nominated by the Governor from people with knowledge of literature, science, art, the cooperative movement and social service

• Voting Method: Elections follow proportional representation through the single transferable vote.  

Tenure And Eligibility

• Permanent House: The Council is never dissolved. One-third of its members retire every two years, and each member serves six years.  

• Minimum Age: A member must be at least 30 years old. 

What Powers Does A Legislative Council Have?

Legislative Powers

• Ordinary Bills: The Council can only delay an ordinary Bill passed by the Assembly. Under Article 197, it can hold a Bill for up to three months the first time and one month the second time, after which the Assembly's version prevails.  

• No Joint Sitting: Unlike Parliament, a State legislature has no joint sitting to resolve deadlocks, so the Assembly has the final say.  

Financial Powers

• Money Bills: Under Article 198, the Council can only make recommendations on a Money Bill, which it must return within 14 days. The Assembly may accept or reject these recommendations.  

• Budget: The Council can discuss the budget but cannot vote on demands for grants.

Executive Oversight

• Limited Control: The Council of Ministers is collectively responsible only to the Assembly, not the Council.  

• Ministers From The Council: A Chief Minister or minister can be a member of the Council.  

Legislative Councils vs Rajya Sabha 

What Are The Arguments For And Against Legislative Councils?

Arguments For

• Second Look At Laws: A revising chamber can catch errors in Bills passed in haste by the Assembly.  

• Expert Voices: Teachers, graduates and nominated experts can bring knowledge that elected MLAs may lack.  

• Voice For Local Bodies: One-third of members are elected by local bodies, giving panchayats and municipalities a link to the State legislature. 

Arguments Against

• Weak Powers: Since the Council can only delay laws, critics say it adds cost without real checks.  

• Political Rehabilitation: Councils are often used to give seats to party leaders who lost elections or could not be fielded.  

• Financial Burden: Running a second House adds to the State's expenditure.  

What Are The Key Challenges Surrounding Legislative Councils?

Creation And Abolition Driven By Politics

• Shifting Majorities: Decisions to create or abolish Councils have usually followed changes of government rather than any settled view of their value.  

• Example: Andhra Pradesh abolished its Council in 1985 and recreated it in 2007. In 2020, its Assembly again voted to abolish the Council, but it withdrew the resolution in 2021 after the ruling party gained a majority in the Council. 

• Example: Tamil Nadu abolished its Council in 1986. A revival law was passed in 2010, but a fresh Assembly resolution in 2011 reversed the plan before the Council came into being. 

Pending Proposals

• Stalled Resolutions: Several State resolutions to create Councils remain pending in Parliament for years.  

• Example: West Bengal, whose Council was abolished in 1969, passed a resolution in July 2021 to revive it, but Parliament has not yet enacted the required law.  

Outdated Composition

• Graduate And Teacher Seats: Reserving seats for graduates and teachers made sense when literacy was low, but critics argue these categories are now outdated. 

• Nomination Disputes: Governors' nominations often lead to disputes between the State government and Raj Bhavan, and nominees may be party loyalists rather than experts. 

Way Forward 

Reform Rather Than Abolition

• Strengthen The Local Bodies Link: The Council could become the voice of panchayats and municipalities, strengthening the 73rd and 74th Amendments.  

• Update Composition: Graduate and teacher seats could be replaced with seats for professionals, women's groups, farmers or industry.  

• Committee Scrutiny: Councils could do detailed committee work on Bills, much like the Rajya Sabha's departmental committees.  

A Consistent National Policy

• Principle-Based Criteria: Parliament could lay down clear criteria for creating or abolishing Councils, such as State size and administrative need, instead of deciding case by case.  

• Example: In the United States, all States except Nebraska have two-house legislatures. Nebraska switched to a single house in 1937 and still runs effective law-making, which shows that bicameralism should depend on clear purpose, not habit.  

• Time-Bound Decisions: Parliament should decide pending State resolutions within a fixed period to avoid uncertainty.  

Conclusion

Legislative Councils were meant to add wisdom and scrutiny to State law-making, but their weak powers and political use have made them controversial. Their future lies in either reforming them into genuine revising and local-body chambers or abolishing them on clear principles, not shifting majorities.

Source: THEHINDU