What Is The Role Of Legislative Councils?, Pg8

Key Highlights:

• Elections were recently held for 28 Legislative Council seats across Uttar Pradesh, Bihar, Maharashtra, and Karnataka.
• Legislative Councils were first introduced in six provinces in British India by the Government of India Act, 1935.
• Currently, six Indian states have Legislative Councils: Maharashtra, Uttar Pradesh, Bihar, Andhra Pradesh, Telangana, and Karnataka.
• Article 169 of the Constitution allows Parliament to create or abolish a Legislative Council in a state based on a resolution passed by the State Legislative Assembly with a two-thirds majority.
• Members of Legislative Councils serve a six-year term, with one-third retiring every two years, and the council is not subject to dissolution.

Detailed Insights:

• The Government of India Act, 1935 established bicameral legislatures in Madras, Bombay, Bengal, United Provinces, Bihar, and Assam, with restricted voting rights.
• During Constituent Assembly debates, Legislative Councils were debated as a check on hasty legislation versus an unnecessary financial burden.
• Article 168 specifies the states that shall have a Legislative Council.
• Article 171 limits the council's strength to one-third of the Legislative Assembly's total membership, with a minimum of 40 members.
• Members are elected by local bodies, graduates, teachers, MLAs, and a portion is nominated by the Governor.
• Legislative Councils possess limited legislative powers, primarily able to delay ordinary bills for a maximum of four months.
• Historically, the creation or abolition of these councils has often been influenced by political considerations, as seen in Tamil Nadu and Andhra Pradesh.
• The Second Administrative Reforms Commission (ARC) in 2007 suggested creating Legislative Councils in all states as 'Councils of local governments', with members elected solely by local body representatives.

Key Concepts Involved:

• Bicameral Legislature: A legislative body composed of two chambers or houses.
• Legislative Council (Vidhan Parishad): The upper house in the state legislature of some Indian states.
• Ordinary Law: A law passed by Parliament by a simple majority, as opposed to a constitutional amendment.
• Two-thirds Majority: A majority requiring at least two-thirds of the members present and voting, and more than 50% of the total membership.