State Legislative Council

State Legislative Council. It is the upper house in the bicameral legislatures of certain states in the Republic of India, functioning alongside the directly elected Legislative Assembly. The creation and existence of these councils are detailed in Article 169 of the Constitution of India, which grants Parliament the power to establish or abolish them by a simple majority. Often referred to as the Vidhan Parishad, its members are not directly elected by the populace but are chosen through a complex system of indirect election and nomination, intended to represent various professional and social interests.

Composition and election

The total membership of a council cannot exceed one-third of the membership of the Legislative Assembly of that state, subject to a minimum of 40 members as per the Constitution of India. Members are elected through an intricate indirect process; roughly one-third are elected by the members of the Legislative Assembly, and another third by members of local authorities such as municipalities and district boards. A further one-twelfth are elected by graduates of at least three years standing from universities within the state, while another one-twelfth are elected by persons engaged in teaching for at least three years in educational institutions not lower than secondary schools. The remainder, constituting one-sixth of the total, are nominated by the Governor of the state for their special knowledge or practical experience in fields like literature, science, cooperative movement, or social service.

Powers and functions

In the legislative process, the council shares power with the Legislative Assembly, though its role is largely revisory and advisory. It can initiate ordinary bills, except Money Bills, which can only originate in the lower house. The council may amend or reject bills sent from the Legislative Assembly, but the assembly can override these rejections or amendments by passing the bill again. In financial matters, a Money Bill can only be delayed by the council for a maximum of fourteen days. The council also exercises control over the executive through questions, debates, and committees, but the Council of Ministers is collectively responsible only to the Legislative Assembly, not the council.

Comparison with Legislative Assembly

The Legislative Assembly is the directly elected, popular, and more powerful lower house. Its members are elected from territorial constituencies, and the strength of the house determines the formation of the state government led by the Chief Minister. In contrast, the council is a permanent body not subject to dissolution, with one-third of its members retiring every two years. While the Legislative Assembly has sole authority over the state budget and can pass a vote of no-confidence against the ministry, the council lacks these powers. The existence of the council is also not mandatory for a state legislature, unlike the assembly which exists in every state.

History and evolution

The concept of a second chamber in provincial legislatures was introduced under the Government of India Act, 1935. After independence, the Constituent Assembly debated the utility of upper houses in states, with figures like Dr. B. R. Ambedkar acknowledging their limited power but value as a check on hasty legislation. Article 169 was thus incorporated, allowing for their creation. Initially, several states like Madras, Bombay, Punjab, and West Bengal had councils, but many were abolished in the following decades. The Rajya Sabha, the upper house of Parliament, served as a model for their design as a chamber of deliberation rather than popular will.

Abolition and current status

The power to abolish a State Legislative Council rests with the Parliament upon the request of the Legislative Assembly of the state. Historically, councils were abolished in states like Tamil Nadu (1986), Punjab (1969), West Bengal (1969), and others, often citing reasons of cost, redundancy, and obstruction to progressive legislation. As of the present, only six states have active councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. Proposals to create new councils in states like Rajasthan and Assam have been passed by their respective assemblies but require an Act of Parliament for implementation, a process that has seen prolonged political deliberation.

Category:State legislatures of India Category:Government of India