Q.14 Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations

Model Answer:

Introduction

Bicameralism in a parliamentary system provides a mechanism for checks and balances, ensuring thorough scrutiny of legislation. In India, states like Bihar, Karnataka, Maharashtra, Telangana, Andhra Pradesh, and West Bengal have legislative councils, while others like Rajasthan and Madhya Pradesh have unicameral legislatures.

Body

Constitutional Provisions:

• Article 169 of the Indian Constitution allows the creation or abolition of legislative councils in states. This requires a resolution passed by the state legislative assembly by a majority of the total membership and not less than two-thirds of the members present and voting.
• Article 171 specifies the composition of the legislative councils, which includes members elected by the legislative assembly, graduates, teachers, and local authority members, along with those nominated by the Governor.

‍

Features of Legislative Councils:

• 1/3rd Retirement: One-third of the members of a legislative council retire every two years, ensuring continuity. For instance, the Maharashtra Legislative Council follows this principle, maintaining a balance between experienced and new members.
• Review and Delay: Legislative councils act as revising chambers, providing a second opinion on bills passed by the legislative assembly. For example, the Karnataka Legislative Council played a crucial role in reviewing the anti-cow slaughter bill, leading to significant debates and amendments.

‍

Current Status:

• Karnataka: The Karnataka Legislative Council has been active in scrutinising controversial bills like the anti-cow slaughter bill, reflecting its role in moderating legislative actions.
• Andhra Pradesh: The Andhra Pradesh government proposed the abolition of its legislative council in 2020, citing delays in passing key bills. This highlights the ongoing debate about the relevance and efficiency of legislative councils.

‍

Conclusion

Legislative councils play a vital role in state governance by providing a platform for detailed scrutiny and debate. However, their effectiveness can be enhanced by:

• Strengthening Representation: Ensuring diverse and qualified representation to bring varied perspectives.
• Enhancing Transparency: Implementing measures for greater transparency and accountability in their functioning.

These steps can help legislative councils better serve their purpose in the legislative process.

‍

Instant Mains Evaluation with SuperKalam

✅ Now that you have gone through the model answer, try practicing and writing it in your own words and evaluate it instantly with SuperKalam here - Evaluate Mains Answer instantly

‍