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

BasisLegislative Assembly (Vidhan Sabha)Legislative Council (Vidhan Parishad)
Nature of representationIt directly represents the people.It represents specific sections of the state’s population and local institutions.
ElectionMembers are directly elected by voters.Members are indirectly elected or nominated.
Minimum age25 years30 years
Tenure5 yearsPermanent body; members serve 6-year terms.
Ordinary BillsIt has the final say if disagreement persists.It can delay a Bill, but cannot permanently block it.
Money BillsCan introduce and pass Money Bills.It can only recommend changes within 14 days.

Source: IE

 

Other News of the Day

Syllabus: GS2/ International Relations Context The External Affairs Minister S. Jaishankar’s visit to Azerbaijan marks an effort to restore India–Azerbaijan relations following differences over Operation Sindoor. Background Operation Sindoor Fallout: Azerbaijan, along with Turkey, expressed support for Pakistan, following the military operation of India, citing the “Three Brothers” bloc alliance.  Kashmir issue: Azerbaijan has consistently...
Read More

Syllabus: GS2/ Governance Context The Union government has proposed changes to driving licence rules to tighten the requirements for obtaining a learner’s licence as part of a wider overhaul of the Central Motor Vehicles Rules, 1989. Proposed Changes in the Rules Stricter learner’s test: It proposes raising the pass mark for the preliminary learners’ test...
Read More

Syllabus: GS3/Economy Context People across European countries are protesting, drawing attention towards the economics of social unrest. About France, Albania, Belgium, Italy, and Portugal are witnessing an outpouring of discontent on the streets. It is often argued that growing economic inequalities in an economy lead to such social unrest.  Rising fuel costs, discontent with the...
Read More

Vummidi Ethiraj Syllabus: GS1/History and Culture Context Veteran Chennai-based jeweller Vummidi Ethiraj, who played a key role in crafting the Sengol presented to Jawaharlal Nehru in 1947, passed away. About Vummidi Ethiraj Born on November 25, 1926, he was a prominent figure in South India’s jewellery industry. He helped craft the Sengol, bringing his family’s...
Read More
scroll to top