Points to Remember:
- Establishment of Legislative Councils is under the purview of the Indian Constitution.
- Article 168 empowers Parliament to create Legislative Councils.
- The working of Legislative Councils varies across states.
- Their current status is a subject of debate regarding their utility and effectiveness.
Introduction:
The Indian Constitution allows for the establishment of bicameral legislatures (two houses) in states, with one house being the Legislative Assembly (Vidhan Sabha) and the other, the Legislative Council (Vidhan Parishad). Article 168 of the Constitution deals with the composition of the state legislature. While the Legislative Assembly is a mandatory component of every state’s legislature, the presence of a Legislative Council is optional, dependent on the decision of the Parliament. Currently, only six states â Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh â possess Legislative Councils. The absence of a Legislative Council in most states raises questions about its relevance and efficacy in the modern Indian political landscape.
Body:
1. Constitutional Provisions for Establishing Legislative Councils:
Article 168(1) of the Constitution states that “for every State there shall be a Legislature which shall consist of the Governor, and two Houses of the Legislature, namely, a Legislative Assembly and a Legislative Council.” However, Article 168(2) clarifies that “Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State not having such a Council.” This provision highlights the Parliament’s power to create or abolish Legislative Councils, making their existence contingent on a parliamentary decision. The power to create a Legislative Council rests with the Parliament, not the state legislature itself. The process typically involves a parliamentary resolution followed by an act of Parliament.
2. Composition and Powers of Legislative Councils:
Legislative Councils are composed of members elected by various electoral colleges, including members of the Legislative Assembly, graduates of certain universities, teachers, and local bodies. The exact composition varies slightly from state to state. Their powers are largely similar to those of the Rajya Sabha at the national level. They participate in the legislative process, scrutinize government policies, and can delay (but not reject) bills passed by the Legislative Assembly. However, their powers are generally less significant than those of the Legislative Assembly, which holds the primary legislative power in the state.
3. Working and Current Status of Legislative Councils:
The working of Legislative Councils varies across states. In some states, they function actively, providing a platform for reasoned debate and scrutiny of legislation. In others, their role is more passive, with limited influence on the legislative process. Critics argue that Legislative Councils often become havens for retired politicians or those who failed to win Assembly seats, leading to a lack of dynamism and effectiveness. The high cost of maintaining these Councils is also a point of contention. Proponents, however, argue that they provide a valuable check on the power of the Assembly, offer a platform for experts and experienced individuals, and contribute to a more deliberative legislative process.
4. Illustrations:
- Andhra Pradesh Legislative Council: Has been relatively active in recent years, contributing to legislative debates and scrutiny.
- Uttar Pradesh Legislative Council: Has faced criticism for its perceived lack of effectiveness and influence on policy-making.
5. Arguments For and Against Legislative Councils:
Arguments for:
- Provide a check on the dominance of the Legislative Assembly.
- Offer representation to experts and experienced individuals.
- Promote more deliberative and less hasty legislation.
- Can provide a platform for marginalized voices.
Arguments against:
- High cost of maintenance.
- Often become havens for retired politicians.
- Can delay legislative processes unnecessarily.
- Their effectiveness is often debated and questioned.
Conclusion:
The establishment of Legislative Councils is governed by Article 168 of the Indian Constitution, granting Parliament the power to create or abolish them. The current status reveals a mixed bag. While some states utilize their Councils effectively, others see them as largely ineffective and costly. A balanced perspective suggests that the utility of Legislative Councils depends heavily on their composition, the political climate, and the commitment of its members to constructive engagement. A thorough review of their functioning in each state is needed. If states find them to be unproductive or excessively costly, a rational approach would be to consider their abolition, freeing up resources for other crucial developmental needs. However, if their role in promoting reasoned debate and effective legislation is demonstrably positive, then their continued existence can be justified. Ultimately, a holistic approach focusing on efficient and effective governance should guide any decision regarding the future of Legislative Councils in India.