Legislative Council: Structure, Composition, and Powers

Why in the News?

Basavaraj Horatti, Chairman of the Karnataka Legislative Council, recently expressed concern over the declining quality of debates in the legislature. This statement highlights the importance of understanding the role and significance of the Legislative Council in India.

About Legislative Councils

Upper House in Bicameral Legislatures

• The State Legislative Council, or Vidhan Parishad, serves as the upper house in Indian states with a bicameral legislative system.

Constitutional Basis

• Governed by Article 169 of the Indian Constitution.

States with Legislative Councils

• Currently, only six states have Legislative Councils: Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh.

Formation and Abolition

• Creation: A State Legislative Council can be established if the Legislative Assembly passes a resolution with a special majority, followed by parliamentary approval.
• Abolition: The process mirrors its creation, requiring a state assembly resolution and Parliament’s consent.
• Controversial Status: Legislative Councils are often politically debated, with some states advocating for their re-establishment and others opposing their existence.

Composition of the Legislative Council

Size of the Council

• The strength of the Legislative Council cannot exceed one-third of the total strength of the State Legislative Assembly and must have a minimum of 40 members.

Election and Nomination Breakdown

Members are chosen through a combination of elections and nominations:

1. One-third elected by local bodies such as municipalities and panchayats.
2. One-third elected by the Legislative Assembly members, excluding sitting MLAs.
3. One-sixth nominated by the Governor from experts in fields like literature, science, arts, cooperative movement, or social service.
4. One-twelfth elected by graduates with at least three years of residence in the state.
5. One-twelfth elected by teachers with a minimum of three years of teaching experience in institutions not below the secondary school level.

Members of the Legislative Council (MLCs)

Eligibility Criteria

• Citizen of India.
• Minimum age: 30 years.
• Mentally sound and not insolvent.
• Must be an enrolled voter in the state.

Disqualifications

• Cannot simultaneously serve as a Member of Parliament or Member of the State Legislative Assembly.
• Must not hold an office of profit under the central or state government.

Tenure of Members

• The term is six years, with one-third of the members retiring every two years, similar to the Rajya Sabha.

Powers and Functions

Limited Legislative Power

• The Council does not have the authority to form or dissolve a government.

No Role in Money Bills

• Money bills are exclusively introduced and passed in the Legislative Assembly.

Overriding Powers of the Assembly

• Under Article 197 of the Constitution, if a bill passed by the Assembly is rejected by the Council but reintroduced and passed again by the Assembly, it becomes law.

Conclusion

The Legislative Council plays a consultative and revisory role in the legislative process. However, its limited powers and controversial status make it a topic of ongoing political and public debate.