The Odisha Legislative Assembly has proposed a resolution for the establishment of a second chamber, the State Legislative Council. The resolution is currently awaiting approval from the Central Government. This article centers on providing a comprehensive understanding of the concept and functioning of State Legislative Councils in India.
Basis for Formation
India’s legislative system incorporates a bicameral structure, similar to how Parliament operates with two Houses. Article 169 of the Constitution allows states to form a Legislative Council beside the Legislative Assembly. Six states currently have a Legislative Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. However, recently, the Jammu & Kashmir Legislative Council was abolished as per the J&K Reorganisation Bill, 2019, leading to the conversion of the state of J&K into two Union Territories: J&K and Ladakh.
Procedure for the Abolition or Creation – As per Article 169
The Parliament reserves the power to abolish or initiate a legislative council through a simple majority vote. A ‘simple majority’ means a majority of the members of each house who are present and voting, provided the legislative assembly of the respective state passes a resolution with a special majority. ‘Special majority’ means a majority of the total membership of the assembly and a majority of not less than two-thirds of the assembly members who are present and voting.
Composition as Enshrined in Article 171
As per Article 171, the number of members in a Legislative Council should not exceed one-third of the total strength of the State Assembly, and should not have less than 40 members. The Legislative Council, akin to the Rajya Sabha, is not subject to dissolution, meaning it remains a continuous chamber. Each Member of Legislative Council (MLC) serves for six years, with one-third of the members retiring every two years.
Method of Election
The election of MLCs is conducted in a specific manner. One-third of the MLCs are elected by the state’s MLAs, another one-third by a special electorate consisting of current members of local governments like municipalities and district boards. Additionally, one-twelfth of the MLCs are elected by teachers and an equal fraction by registered graduates. The remaining members are appointed by the Governor to honor distinguished services in fields such as literature, science, art, cooperative movement, and social service.
| Electors | Proportion |
|---|---|
| State’s MLAs | 1/3 |
| Local Government Members | 1/3 |
| Teachers | 1/12 |
| Registered Graduates | 1/12 |
| Appointed by Governor | Remaining |
Legislative Council versus Rajya Sabha
The legislative powers of the Councils are considerably limited compared to those of the Rajya Sabha. Unlike the Rajya Sabha, which has significant authority to shape non-financial legislation, Legislative Councils are constitutionally not mandated to do so. Therefore, Assemblies can override suggestions or amendments made by the Council to legislation. Moreover, unlike Rajya Sabha MPs, MLCs do not have voting rights in the Presidential and Vice Presidential elections. While the Rajya Sabha Chairperson is the Vice President, a member from within the Legislative Council itself is chosen as its Chairperson.
Arguments in Favor and Against the Legislative Council
Proponents of the Legislative Council argue that it serves to check hasty actions by the directly elected House. It also allows individuals who are not elected to contribute to the legislative process. On the other hand, critics contend that a Legislative Council might delay important legislation and can be used as a tool to accommodate leaders who have failed to win elections.
Last Modified: February 6, 2024