ECI to conduct election to the Karnataka Legislative Council (UPSC Current Affair)

Relevance: GS2 - Parliament and State Legislatures, Elections

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Why in the news?

Recently The term of office of 07 members of Karnataka Legislative Council elected by the Members of Legislative Assembly (MLAs) and Election Commission of India (ECI) has decided to conduct biennial elections to the Karnataka Legislative Council by members of Legislative Assembly.

What is the Biennial election?

• It is the election conducted to elect the candidate for the position which has become vacant, by any reason, for the remaining Duration of the Post.
• In India, in case of Lok sabha or Legislative assembly, if a member vacates his seats, then elections are to be held for that seat for the remaining time period.
• Similarly, In Rajya Sabha and State Legislative council, being a permanent House, 1/3rd member vacates the seats due to end of term. Then elections conducted for these posts are also termed as Biennial Elections.

What is a legislative council?

India has a bicameral legislature, which consists of two Houses of Parliament. The Legislative Assembly is the state's counterpart of the Lok Sabha, while the Legislative Council is the state's equivalent of the Rajya Sabha.

Why do India need a second house?

• To act as a check on the Lower house' hasty acts.
• To ensure that those who might not be able to contest direct elections can be accommodated to participate in the legislative process.
• More debate and work sharing between the Houses would be possible with a second chamber.

Constitutional Basis for Creation or Abolition of Legislative Council

• Article 169 of the Constitution empowers the Parliament of India to create or abolish a State Legislative Council if a State's legislature passes a resolution for that.
• It needs to be passed with special majority: 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.
• Three steps before the formation of Council:
• Approval of the Cabinet.
• Governor’s approval.
• Discussing intricate details in Assembly before framing the law.

What is the Composition of the Legislative Council ?

• Strength of the State Legislative Council: As per article 171 clause (1) total member cannot be more than one third of the membership of the State Legislative Assembly. And also total members cannot be less than 40 members.
• The Chairman and Deputy Chairman of the State Legislative Council are elected by these members.
• Members of Legislative Council (MLCs) are chosen in the following manner:
  • 1/3rd: to be elected by the members of local bodies such as Municipalities, Gram panchayats, Panchayat Samitis and District Councils.
  • 1/3rd: to be elected by the members of the State Legislative Assembly from among the persons who are not members of the State Legislative Assembly.
  • 1/6th: to be nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
  • 1/12th: to be elected by persons who are graduates of three years' standing residing in that state.
  • 1/12th: to be elected by teachers who had spent at least three years teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.

Qualifications

• Must be a citizen of India.
• Must be not less than 30 years of age in case of the Legislative Council.
• Must take and sign an oath or affirmation in front of a person designated by the Election Commission for this purpose. One swears in his oath or affirmation to:
  • Bear true faith and allegiance to the constitution of India.
  • Uphold the sovereignty and integrity of India.
• Must possess other qualifications prescribed by the Parliament.
• A person seeking election to the Legislative Council must be a voter in the state's assembly constituency.
• To qualify for the governor's nomination: must be a resident in the concerned state.

Tenure

• a continuing chamber, that is, it is a permanent body and is not subject to dissolution
• The tenure of the MLCs is six years.
• 1/3rd of the members of the State Legislative Council retire after every two years
• The vacant seats are filled up by fresh elections and nominations by the Governor at the beginning of every third year.

How does the election of MLC by the members of the assembly take place?

• Elections to the members of legislative council elected by legislative assembly members council are conducted by ECI.
• These elections are indirect elections. The Constitution has adopted Proportional representation with a Single Transferable vote system to conduct these elections.
• Unlike the presidential election these are open ballot elections.

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