Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.
Legislative Councils (Vidhan Parishads), forming the upper house in some Indian states, are established under specific constitutional provisions. Article 169 empowers the Parliament to create or abolish a Legislative Council in a state, provided the state's Legislative Assembly passes a resolution to that effect by a special majority (two-thirds of members present and voting, and a majority of total membership). Article 171 outlines the composition, stipulating that a Council shall have not more than one-third of the total members of the Assembly, nor fewer than 40 members. Its members are elected indirectly or nominated: roughly 1/3 by MLAs, 1/3 by local bodies, 1/12 by graduates, 1/12 by teachers, and 1/6 nominated by the Governor from fields of art, science, literature, social service.
The working of Legislative Councils is often debated. While theoretically designed to act as a revising body, prevent hasty legislation, and accommodate distinguished individuals, in practice, their utility is often questioned. They lack significant powers, especially over money bills or confidence motions, and can primarily delay ordinary legislation for up to four months. Critics often label them as expensive "rehabilitation centres" for defeated politicians or party loyalists, adding to the state's financial burden without substantial legislative contribution.
Currently, only six states possess Legislative Councils: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana. Jammu & Kashmir's Council was abolished post its reorganization. States like Rajasthan and Odisha have passed resolutions for their creation, while West Bengal recently passed a resolution for revival. These fluctuating demands, often driven by political considerations rather than purely legislative needs, illustrate their contested status and working.
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Important Questions from GS2
Examine the need for electoral reforms as suggested by various committees with particular reference to "one nation one election" principle.
Explain and distinguish between Lok Adalats and Arbitration Tribunals. Whether they entertain civil as well as criminal cases?
"The growth of cabinet system has practically resulted in the marginalisation of the parliamentary supremacy.” Elucidate.
"The duty of the Comptroller and Auditor General is not merely to ensure the legality of expenditure but also its propriety.” Comment.
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