Q.Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.

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Constitutional Provisions for Establishing Legislative Councils

graph TD
    LC["Legislative Councils"] --> Comp["Composition"]
    LC --> PL["Powers"]
    LC --> SL["Strength Limit"]
    LC --> Est["Establishment"]
    LC --> Ten["Tenure"]

    Comp --> LB["Local Bodies (1/3rd)"]
    Comp --> MLA["MLAs (1/3rd)"]
    Comp --> Tea["Teachers (1/12th)"]
    Comp --> Grad["Graduates (1/12th)"]
    Comp --> Gov["Governor's Nomination (1/6th)"]

    PL --> DB["Delay Bills"]
    PL --> SA["Suggest Amendments"]
    PL --> NC["No Control over Money Bills"]

    SL --> MaxS["Maximum Strength (1/3rd of Assembly)"]
    SL --> MinS["Minimum Strength (40 members)"]

    Est --> PA["Parliamentary Authority"]
    Est --> SAR["State Assembly Resolution"]

    Ten --> PB["Permanent Body"]
    Ten --> MR["Member Retirement (1/3rd every 2 years)"]

• Article 169 – Creation or Abolition of Legislative Councils
  • A Legislative Council can be created or abolished by Parliament on the recommendation of the concerned state legislature through a special resolution.
  • The resolution must be passed by a simple majority of the total membership and a two-thirds majority of members present and voting in the State Assembly.
• Article 171 – Composition of Legislative Councils
  • The total strength of the Legislative Council cannot exceed one-third of the strength of the State Assembly.
  • Members are elected or nominated as follows:
    • One-third: Elected by MLAs.
    • One-third: Elected by local bodies (municipalities, panchayats).
    • One-twelfth: Elected by graduates from a designated constituency.
    • One-twelfth: Elected by teachers.
    • One-sixth: Nominated by the Governor for contributions in arts, science, social service, or literature.
• Article 172 – Tenure
  • Unlike the Assembly, the Legislative Council is a permanent body and one-third of its members retire every two years, ensuring continuity.
• Article 182 – Chairman and Deputy Chairman
  • The Chairman of the Council is elected by its members and functions like the Speaker of the Legislative Assembly.

Working and Functions of Legislative Councils

• Revising and Reviewing Role: Acts as a deliberative body that reviews and suggests modifications to laws passed by the Assembly.
  • Example: In Maharashtra, the Council has recommended modifications to land reform laws to protect farmers' interests.
• Deliberation and Expertise: Provides a platform for experienced and eminent personalities (nominated members) to contribute to law-making.
  • Example: Experts in education and law have contributed to policy debates in the Andhra Pradesh Legislative Council.
• Checking Hasty Legislation:
  • The Council acts as a second chamber, preventing hasty or politically motivated laws.
  • However, its power is limited, as it can only delay but not reject a bill.
• No Role in Money Bills: As per Article 198, a Money Bill can only be introduced in the Legislative Assembly and the Council can only suggest changes within 14 days, which the Assembly may accept or reject.

Current Status of Legislative Councils in India

• States Having Legislative Councils (As of 2023): Currently, 6 states have Legislative Councils:
  1. Andhra Pradesh
  2. Telangana
  3. Karnataka
  4. Maharashtra
  5. Uttar Pradesh
  6. Bihar
• States That Abolished Their Legislative Councils: Several states have dissolved their Legislative Councils, citing inefficiency or political reasons:
  • West Bengal (1969): Abolished due to concerns about delayed decision-making.
  • Punjab (1969): Removed as it was seen as an unnecessary burden on the exchequer.
  • Tamil Nadu (1986): Dissolved under CM M.G. Ramachandran’s government, citing its role in delaying legislation.
• Recent Debates on Creation and Abolition:
  • West Bengal (2021): The state government proposed reviving its Legislative Council.
  • Andhra Pradesh (2020): The Assembly passed a resolution to abolish the Council, but Parliament has not approved it yet.
  • Rajasthan is considering establishing a Legislative Council for better deliberation.

Challenges and Criticism of Legislative Councils

• Redundant and Delays Decision-Making: Critics argue that Legislative Councils slow down the legislative process without adding much value.
  • Example: In Andhra Pradesh, delays in key bills have led to discussions about abolishing the Council.
• Political Manipulation: Councils are often used for political patronage, with parties nominating loyalists instead of experts.
  • Example: In Uttar Pradesh, the ruling party has been accused of using the Council to accommodate defeated politicians.
• High Maintenance Costs: Maintaining a Legislative Council requires additional administrative costs, which some states find financially unviable.