Subject: Indian Polity

Constitutional provisions for establishing Legislative Councils and their current functioning present a complex interplay of federal and democratic principles in India's parliamentary system.

Constitutional Framework and Establishment

• Article 168 provides for a bicameral legislature in states, with Legislative Council as the upper house and Legislative Assembly as the lower house.

• Article 169 empowers Parliament to create or abolish Legislative Councils based on state assembly resolution passed by special majority (2/3rd of members present and voting).

• Composition under Article 171:

  • Total members not to exceed 1/3rd of total assembly members.
  • 1/3rd elected by local bodies.
  • 1/12th elected by graduates.
  • 1/12th elected by teachers.
  • 1/3rd elected by MLAs.
  • 1/6th nominated by Governor.

Current Status and Working

• Present Status: Six states currently have Legislative Councils:

  • Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
  • States like Tamil Nadu (2023) and West Bengal have passed resolutions to establish councils.

• Working Dynamics:

  • Limited legislative powers compared to assemblies.
  • Can delay money bills for 14 days and other bills for 3 months.
  • Acts as a check on hasty legislation.

Challenges and Recent Developments

• Operational Issues:

  • Case of Maharashtra (2019-2024) shows institutional challenges with:
    • Speaker's position vacant for over a year.
    • Three Chief Ministers in single term.
    • 70% bills passed within five days showing limited deliberation.

• Ongoing Debates:

  • Andhra Pradesh's 2020 resolution to abolish council citing legislative obstruction.
  • Questions over utility versus cost implications.
  • Concerns about becoming rehabilitation centers for defeated politicians.

The future of Legislative Councils lies in balancing their role as chambers of reflection with efficient governance needs. Their success depends on meaningful deliberation and constructive contribution to the legislative process, as demonstrated by the Karnataka Legislative Council's role in refining education and local governance bills. The institution needs reforms to enhance its effectiveness while justifying the additional layer of democracy.