The West Bengal government has recently announced its decision to establish a Legislative Council (Vidhan Parishad). This move necessitates the introduction of a Bill in the Assembly and approval from the Governor. The State had previously dissolved the Legislative Council in 1969.
Formation Basis
India operates a bicameral system of legislature, comprising two Houses in Parliament. States can also have additional Legislative Councils alongside their Legislative Assemblies under Article 169 of the Constitution.
States with Legislative Councils
Six Indian states currently have Legislative Councils, namely Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. However, the Andhra Pradesh Legislative Assembly passed a resolution to dissolve the Legislative Council in 2020, pending approval from Parliament for final termination. In parallel, the Jammu & Kashmir Legislative Council was abolished under the J&K Reorganisation Bill, 2019, which downsized J&K into the Union Territories of J&K and Ladakh.
Article 169: Establishment and Disbandment
Under Article 169, Parliament holds the ability to create or abolish a Legislative Council through a simple majority vote. This is contingent on the state’s legislative assembly passing a resolution with a special majority, meaning a majority of total assembly membership and not less than two-thirds of present and voting members.
Council Composition
According to Article 171 of the Constitution, the Legislative Council should not exceed one-third of the State Assembly’s total strength and should include at least 40 members. Similar to Rajya Sabha, the Legislative Council is unvarying and does not dissolve. Members of the Legislative Council (MLCs) serve for six years, with a third of members retiring biannually.
Election Methodology
One-third of MLCs are elected by the state’s MLAs, another third by local government members, and the remaining by teachers, registered graduates, and Governor-appointed individuals recognized for their contributions to fields like literature, science, art, cooperative movement, and social service.
Comparing Legislative Councils and Rajya Sabha
Councils possess limited legislative power, unlike Rajya Sabha, which substantially impacts non-financial legislation. Despite this, Assemblies can still override any amendments made by the Council. Additionally, MLCs cannot vote in Presidential and Vice Presidential elections. The Council Chairperson comes from within the Council while the Vice President chairs the Rajya Sabha.
Role of Legislative Councils
Legislative Councils facilitate legislative contributions from individuals unsuited for elections, such as artists and scientists. They monitor impulsive decisions made by the Legislative Assembly.
Criticisms of Legislative Councils
Critics argue that Councils hinder legislation, impose financial burdens on state budgets, and provide political shelter for unsuccessful electoral candidates.
