GS 2 · 2021Indian Polity15 Marks

Q7.Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations

Directive: Explain15 marks

Introduction

Legislative Councils (Vidhan Parishad) serve as the upper house in states with bicameral legislatures, providing a deliberative second chamber for legislative scrutiny and diverse representation.

Constitutional Provisions for Establishment and Composition

Article 169Parliament can create or abolish a Legislative Council if the State Assembly passes a resolution by special majority.
Article 171Specifies composition. Max 1/3 of Assembly strength, min 40 members.
  • 1/3 elected by MLAs
  • 1/3 elected by local bodies
  • 1/12 elected by graduates
  • 1/12 elected by teachers
  • 1/6 nominated by Governor (art, science, literature, social service, cooperative movement)

Review of Working and Status

LCs function as deliberative bodies, checking hasty legislation and representing diverse interests. However, they are subordinate to the Assembly; Money Bills cannot originate, and ordinary bills can only be delayed for four months. Six states (UP, Bihar, Maharashtra, Karnataka, AP, Telangana) currently have LCs. Debates persist, with AP's 2020 abolition resolution illustrating contested utility. Critics label LCs as 'parking lots' or a financial burden, potentially causing obstruction. Yet, they offer a valuable platform for expert input and legislative review.

Conclusion

While LCs aim to enhance legislative quality and representation, addressing concerns about their cost and potential for obstruction is crucial for them to fulfill their constitutional mandate effectively.

188 words · target ~250