Explore the intricate dynamics of the Andhra Pradesh (AP) legislative scenario, which is making the headlines due to a significant development. The AP assembly has passed a proposal to discontinue the existing state’s Legislative Council. The government is set to forward this resolution to the Governor for his consent before it’s finally sent to Parliament for sanction. This decision was prompted when the present Legislative Council forwarded the Capital Decentralisation Bill to a Select Committee for further review.
Historical Context: Legislative Council in Andhra Pradesh
Andhra Pradesh’s Legislative Council has experienced irregular periods of existence since its establishment in 1958. After being abolished in 1985, it was reinstated again in 2007.
This is not uncommon as select committees like the one assigned to deliberate on the Capital Decentralisation Bill are often temporary and cease to exist once the bill is disposed of.
Understanding the Basis of Legislative Council Formation
India operates a bicameral system of legislature, wherein, just like the Parliament, the states can also have a Legislative Council in addition to the Legislative Assembly. This provision is encapsulated by Article 169 of the Constitution.
Abolition and Creation – As per Article 169
The privilege of the Parliament to abolish an existing Legislative Council or to create a new one solely rests on the condition that the legislative assembly of the relevant state, passes a resolution by a special majority.
A “simple majority” refers to a majority of members of each House who are present and voting, whereas a “special majority” necessitates both a majority of the overall membership of the assembly and a majority of at least two-thirds of the assembly members who are present and voting.
List of States with Legislation Councils
Apart from Andhra Pradesh, there are five other states that have Legislative Councils currently functioning. These states include Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. The legislative assemblies of Rajasthan, Assam, and Odisha have also passed resolutions advocating the formation of their respective Councils.
| States | Legislative Councils |
|---|---|
| Telangana | Yes |
| Uttar Pradesh | Yes |
| Bihar | Yes |
| Maharashtra | Yes |
| Karnataka | Yes |
| Rajasthan | In Progress |
| Assam | In Progress |
| Odisha | In Progress |
Arguments Tied to the Formation of the Council
Supporters argue that a Legislative Council can check hurried decisions by the directly elected House and allows non-elected individuals to contribute to legislation. Detractors, however, believe it can delay legislation, become a resting place for leaders who failed to secure an election victory, and burden state finances.
The Path to Resolution
Lastly, the Parliamentary Committee that reviewed the Rajasthan Bill for the Legislative Council suggests creating a national policy for the development and discontinuation of Legislative Councils. They propose that Councils’ status should not be transient or dependent on the whims of the Government of the day, nor can they be disbanded at mere fancy by a newly elected State Government.
