GS 2: PolityGS 1: Modern HistoryPrelimsGS 2: Indian Constitutional Evolution, Features, Amendments, Basic Structure DoctrineGS 2: Parliament and State Legislatures

The debates around Legislative Councils, their functions today, Pg17

Recent elections to Legislative Councils in four states reignite debates on their constitutional role, election process, and historical significance in India's bicameral system.

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Key Highlights:

  • Elections were recently held for 28 seats across the Legislative Councils of Uttar Pradesh, Bihar, Maharashtra, and Karnataka.
  • Currently, six Indian states operate a bicameral legislature, featuring both a Legislative Assembly and a Legislative Council: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
  • Similar to the Rajya Sabha, Legislative Councils serve as a second layer in the law-making process at the state level.
  • Members of Legislative Councils (MLCs) are elected for six-year terms through indirect elections, with one-third retiring every two years.
  • Eligibility for an MLC seat requires a minimum age of 30 years.

Detailed Insights:

  • The concept of bicameral legislatures in Indian provinces was established by the Government of India Act of 1935, with the first Legislative Council functioning in Bengal in 1937.
  • The historical roots of this system can be traced back to the Montagu-Chelmsford reforms of 1919, which led to the formation of the Council of State at the national level.
  • During the Constituent Assembly debates, the necessity of Legislative Councils was a subject of disagreement among members.
  • Legislative Councils have limited powers compared to Legislative Assemblies, notably being unable to reject the Assembly’s suggestions on a Money Bill.
  • The creation or abolition of a Legislative Council is often a political issue, as seen in Tamil Nadu where attempts have been made to re-establish the Council after its abolition in 1986.
  • Elections to Legislative Councils are considered a political barometer, reflecting support among educated groups and professionals.

Key Concepts Involved:

  • Legislative Council (Vidhan Parishad): The upper house in the bicameral legislature of some Indian states, similar to the Rajya Sabha.
  • Bicameral Legislature: A legislative body composed of two houses or chambers, such as the Legislative Assembly and Legislative Council at the state level.
  • Article 169: Constitutional provision empowering Parliament to create or abolish a Legislative Council in a state if the Legislative Assembly passes a resolution by a special majority.
  • Article 171: Outlines the composition of Legislative Councils, specifying that total members cannot exceed one-third of the Legislative Assembly and not be less than 40.
  • Proportional Representation by Single Transferable Vote: An electoral system used for Legislative Council elections, where voters rank candidates and votes are transferred to achieve proportional representation.
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