Legislative Councils in India

Syllabus: GS2/Polity and Governance

Context

• Elections to 28 seats across the Legislative Councils of Uttar Pradesh, Bihar, Maharashtra and Karnataka were held.

Legislative Councils

• The Indian Union has a bicameral legislature, comprising the Lok Sabha and Rajya Sabha, some states have a Legislative Assembly and a Legislative Council. 
• Currently Six states have a  Legislative Assembly and a Legislative Council – Uttar Pradesh, Bihar, Maharashtra, Telangana, Andhra Pradesh  and Karnataka.
• History:Montagu-Chelmsford reforms led to the formation of the Council of State at the national level in 1919. 
  • Then the Government of India Act of 1935 set up bicameral legislatures in Indian provinces. 
  • It was under this law that a Legislative Council first started functioning in Bengal in 1937.

Constitutional Basis

• Creation of Legislative Council: Article 169 of the Constitution concerns the Legislative Council, Parliament can pass a law to create or abolish a Legislative Council.
  • The Legislative Assembly of the State passes a resolution by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
• Composition: Article 171 lays out its composition, the total number of MLCs cannot be more than one-third of the total number of MLAs in a state, and cannot be less than 40.
• Elections: The polls are held through proportional representation by means of the single transferable vote. Electors choose from a list of candidates by listing an order of preference.
• Eligibility for MLCs: A person must be an Indian citizen and at least 30 years of age to become a member of a State Legislative Council.
  • The Chairman and Deputy Chairman preside over its proceedings.
• Tenure: Approximately one-third of its members retire every two years. Each member normally serves a six-year term.
• Not every state in India has a Legislative Council because the Constitution makes it optional, not compulsory.
  • Each state can decide whether a second legislative chamber is necessary, considering its needs, costs and administrative priorities.

Functions of Legislative Councils

• Legislative function: It examines Bills passed by the Legislative Assembly and may suggest amendments, helping improve the quality of legislation.
• Deliberative function: It provides a forum for discussing public issues, government policies and matters affecting the state.
• Representation of special interests: It provides representation to graduates, teachers, local authorities and people with expertise in fields such as science, art and social service.
• Financial function: It can discuss financial matters and make recommendations on Money Bills, but it cannot introduce a Money Bill or prevent its passage.
• Executive oversight: It can question ministers, debate government policies and scrutinise the functioning of the government. However, it cannot remove the government through a no-confidence motion.
• Continuity: As a permanent house, it preserves legislative experience because it is not dissolved and approximately one-third of its members retire every two years.

Difference between Legislative Assembly and Legislative Council

Source: IE