LEGISLATIVE COUNCILS IN STATES
1. Context
SP has won 31 of 36 UP Vidhan Parishad seats that went to polls, giving itself a boost and a majority in the House.
2. What are the Legislative Councils, and why are they important?
- India has a bicameral system i.e., two Houses of Parliament. At the state level, the equivalent of the Lok Sabha is the Vidhan Sabha or Legislative Assembly; that of the Rajya Sabha is the Vidhan Parishad or Legislative Council.
- A second house of the legislature is considered important for two reasons: one, to act as a check on hasty actions by the popularly elected House and, two, to ensure that individuals who might not be cut out for the rough-and-tumble of direct elections too are able to contribute to the legislative process.
- Opposition to the idea of Legislative Councils is centered on three broad arguments.
- One, they can be used to park leaders who have not been able to win an election.
- Two, they can be used to delay progressive legislation.
- Three, they would strain state finances.
- Opinion in the Constituent Assembly was divided on the question of having a Legislative Council.
- The idea was backed on the above grounds: it was also suggested that having a second chamber would allow for more debate and sharing or work between the Houses.
3. Do all states have Legislative Councils?
- No. Our constitution does not force a bicameral legislature on states.
- It gives states the option of having a second House.
- As of today, seven states have Legislative Councils. These are Jammu and Kashmir, Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh, and Telangana.
4. Importance of state legislative councils
Check against Hasty Legislation: A second House of the legislature is considered important to act as a check on hasty actions by the popularly elected House. If there are two chambers, the measures passed by one would be scrutinized by the other minutely. Hence the laws enacted finally would be carefully analyzed and thoroughly discussed.
Prevent autocracy: It is argued that the second house checks the lower chambers' autocratic tendencies. To vest the legislative powers with a popularly elected House alone may prove harmful to the people of the state as legislation may be arbitrary.
Accommodation of Talent: Elderly, experienced, and sober individuals, cannot-bear the ordeal of electioneering neither campaign nor are they keen to indulge in vicious party politics. The legislative councils accommodate such personalities not only through the nominated quota but also through the quota reserved for teachers and graduates.
Reduce the workload of legislative assembly: Since the legislative assemblies are generally flooded with work, due to the rapid growth in the functions of a modern welfare state, a unicameral legislature cannot cope with the work and devote fully to the bills brought before it for enactment. The legislative council lessens the burden of the lower House and enables an assembly to fully concentrate on measures of greater importance.
5. How much money is needed to set up a Legislative Council?
- Requirements would differ from state to state.
- Rajasthan told the standing Committee that approximately Rs. 100 crores would be required.
- Assam quoted a one-time expenditure of Rs. 68.33 crore, and a recurring annual expenditure of Rs 19.28 crore.
6. How many members of the council were elected?
- Membership may vary, but the Legislative Council must not have more than a third of the total membership of the Assembly of that state and in no case fewer than 40 members. (The exception is J&K, where the Legislative Council has 36 members vide Section 50 of the constitution of the state.)
- About 1/3rd of the members are elected by members of the Assembly, another 1/3rd by electorates consisting of members of municipalities, district boards, and other local authorities in the state, 1/12th by an election consisting of teachers, and 1/12th by registered graduates.
- The remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, the Cooperative movement, and social service.
- Legislative Councils are permanent houses, and like Rajya Sabha, one-third of their members retire every two years.
7. Difference between the state legislative councils and Rajya Sabha
- The council's position compared to the legislative assembly is much weaker than the position of the Rajya Sabha as compared to the Lok Sabha. The Rajya Sabha has equal powers with the Lok Sabha in all spheres except financial matters and with regard to the control over the Government.
- The councils consist of people from diverse backgrounds like graduates, teachers, and outstanding persons in the fields of art, literature, science, and social service and thus do not reflect the federal element of the polity. The Rajya Sabha consists of the representatives of the states and thus reflects the federal element of the polity.
- The council is heterogeneously constituted. It represents different interests and consists of differently elected members and also includes some nominated members. The Rajya Sabha is homogenously constituted. It represented only the states and consists of mainly elected members (only 12 out of 250 are nominated).
- Further councils are not permanent and their constitution depends upon the states. Many states don’t have legislative councils. Rajya Sabha is a permanent and continuous chamber where representatives are elected for the house.
For Prelims & Mains
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For Prelims: Legislative Councils, Rajya Sabha, Lok Sabha, State Legislative Assembly.
For Mains:
1. Discuss the role played by State Legislative Councils. How are they different from the Rajya Sabha? Also, examine their usefulness for Indian states.
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Previous year Question
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1. Consider the following statements: (UPSC 2015)
1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.
2. The Governor of a State nominates the Chairman of the Legislative Council of that particular State.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2
Answer: D
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Source: The Indian Express
