(AI Generated Representational Illustration)
YMAM Desk
In India's federal structure, the legislative bodies of states play a crucial role in law-making and governance. While all states have a Legislative Assembly (Vidhan Sabha), only a few have a second chamber called the Legislative Council (Vidhan Parishad).
This raises an important question: Why do only some states have Legislative Councils while others do not?
In this article, we’ll explore the constitutional basis, political reasoning, historical context, and practical implications of having (or not having) a Legislative Council.
What Is a Legislative Council?
A Legislative Council is the upper house in a state's legislature, akin to the Rajya Sabha at the national level. It exists in a bicameral legislature. The Legislative Assembly, on the other hand, is the lower house and is directly elected by the people.
Currently, only six Indian states have a Legislative Council:
* Uttar Pradesh
* Bihar
* Maharashtra
* Telangana
* Karnataka
* Andhra Pradesh
Constitutional Provision: Article 169
* Under Article 169 of the Indian Constitution, a state legislature can create or abolish the Legislative Council if:
* The Legislative Assembly passes a resolution by a special majority (not less than two-thirds of members present and voting), and
* The Parliament of India enacts a law to that effect.
This flexibility allows state legislatures to decide based on their political priorities and administrative needs.
Why Do Some States Choose to Have a Legislative Council?
Here are the key reasons:
1. Second Level of Scrutiny
The Legislative Council acts as a review body. Bills passed in the Assembly are further scrutinized here, which helps in avoiding hasty legislation.
2. Representation of Diverse Groups
Members of the Legislative Council (MLCs) are elected through various means:
* Graduates
* Teachers
* Local authorities
* Legislative Assembly members
* Governor’s nomination
This system ensures diverse representation, particularly of educators, professionals, and civil society members.
3. Political Calculations
Parties may support or oppose Councils based on their strategic interests. For instance, if a ruling party lacks a stronghold in the Assembly but can dominate the Council, they may push for its formation.
4. Continuity and Expertise
Unlike the Assembly, the Council is a continuing body, with one-third of its members retiring every two years. This ensures continuity and offers a space for experienced lawmakers and intellectuals.
Why Do Some States Not Have a Legislative Council?
Several reasons lead to the absence or abolition of a Legislative Council:
1. Cost and Resources
Maintaining a second house involves significant financial and administrative costs. Smaller or less financially stable states often avoid it for this reason.
2. Perception of Redundancy
Some critics view the Council as non-essential, arguing that it delays legislation and is often used to appoint political loyalists who lost elections.
3. Political Will
The creation or abolition of a Council often depends on the will of the ruling government in the state. Some governments have abolished Councils (like in Tamil Nadu and West Bengal in the past) to avoid legislative hurdles.
Examples of Council Abolition and Revival
West Bengal: Had a Legislative Council until 1969. It was abolished due to political opposition.
Andhra Pradesh: Abolished its Council in 1985 and revived it in 2007.
Telangana: Inherited the Council post bifurcation in 2014.
Tamil Nadu: Passed a resolution to revive the Council, but the proposal hasn’t been implemented.
Conclusion: Balancing Representation and Efficiency
The presence or absence of a Legislative Council in Indian states reflects a balance between democratic representation and legislative efficiency. While it offers scope for informed debate and inclusivity, it also demands more resources and political consensus. Whether to have a Legislative Council is ultimately a state-specific decision—rooted in history, politics, and practicality.
✅ Key Takeaways:
* Only six states in India currently have a Legislative Council.
* Article 169 allows states to create or abolish their Council via resolution and Parliamentary approval.
* Councils provide continuity, representation, and scrutiny—but also involve extra costs.
* The decision is deeply political and varies from state to state. (With AI Assistance)
📢 Call to Action:
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