Context: Recent elections to 28 Legislative Council seats in Uttar Pradesh, Bihar, Maharashtra and Karnataka have renewed discussions about the relevance and functioning of Legislative Councils.
Legislative Councils constitute the Upper House of State Legislatures in States having a bicameral legislature.
Historical Background: Legislative Councils in British India
Government of India Act, 1935: Introduced bicameral legislatures in six provinces – Madras, Bombay, Bengal, United Provinces, Bihar and Assam.
Restricted electorate: Voting rights were limited to a small, wealthy and educated section of society.
Purpose: Councils functioned as revising chambers to review legislation passed by Provincial Legislative Assemblies.
Composition and tenure: Councils were permanent bodies, with members serving nine-year terms and one-third retiring every three years.
Legislative powers: They enjoyed powers equal to Provincial Assemblies in passing Bills. In case of disagreement or a Bill remaining pending for 12 months, the Governor could resolve the deadlock by summoning a joint sitting of both Houses.
Constituent Assembly Debates
Arguments in Favour
Checks and balances: An Upper House could prevent hasty legislation by the popularly elected Legislative Assembly.
Expertise and deliberation: It could provide an opportunity for experienced persons and experts to contribute to lawmaking.
Representation: It could accommodate diverse professional, educational and local interests.
Arguments Against
Financial burden: Maintaining an additional legislative chamber would increase the burden on the public exchequer.
Political redundancy: It could become an unnecessary duplication of the Legislative Assembly.
Democratic concerns: An indirectly elected body could weaken the principle of direct popular representation.
Constitutional concerns: Some members objected to leaving important aspects of its composition to ordinary parliamentary legislation rather than specifying them in the Constitution.
Provides for State Legislatures consisting of the Governor and one or two Houses.
Article 169
Parliament can create or abolish a Legislative Council in a State.
Article 170
Deals with the composition of Legislative Assemblies.
Article 171
Provides for the composition of Legislative Councils.
Article 172
Provides for the duration of State Legislatures; Legislative Councils are permanent bodies.
Article 173
Prescribes qualifications for membership of State Legislatures.
Article 174
Deals with sessions, prorogation and dissolution of State Legislatures.
Article 182
Provides for the Chairman and Deputy Chairman of Legislative Councils.
States Having Legislative Councils: Currently, six States have bicameral legislatures: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
Creation or Abolition – Article 169
Parliament can create or abolish a Legislative Council through an ordinary law.
The process begins with a resolution passed by the concerned State Legislative Assembly by:
A majority of the total membership of the Assembly; and
A majority of not less than two-thirds of members present and voting.
Parliament can then pass the law by a simple majority, as it is not a constitutional amendment under Article 368.
The resolution passed by the State Assembly is recommendatory in nature; Parliament is not constitutionally bound to act upon it.
Composition of Legislative Councils – Article 171
Strength
Maximum membership: One-third of the total strength of the State Legislative Assembly.
Minimum membership: 40 members.
Election and Nomination of Members
Category
Share
Mode of selection
Local authorities
1/3
Elected by members of municipalities, district boards and other local authorities specified by Parliament.
Graduates
1/12
Elected by graduates of at least three years' standing residing in the State.
Teachers
1/12
Elected by teachers of at least three years' standing in specified educational institutions.
MLAs
1/3
Elected by members of the State Legislative Assembly from among persons who are not Assembly members.
Nominated members
1/6
Nominated by the Governor.
Governor's nominations: Persons having special knowledge or practical experience in literature, science, art, cooperative movement and social service.
Election method: Elections are conducted through proportional representation by means of the single transferable vote (STV).
Tenure and Other Features
Permanent House: A Legislative Council is not subject to dissolution.
Tenure: Each member serves a six-year term.
Retirement: One-third of members retire every two years.
Membershipof Council of Ministers: The Chief Minister and other Ministers can be members of either the Legislative Assembly or Legislative Council, subject to constitutional requirements.
Presiding officers: The Council elects its Chairman and Deputy Chairman from among its members.
Powers of Legislative Councils vis-à-vis Legislative Assemblies
Ordinary Bills
A Bill can originate in either House, except Money Bills.
The Legislative Council can delay an ordinary Bill for a maximum of four months:
First stage: It can reject, amend or delay the Bill for three months.
Second stage: If the Assembly passes the Bill again and sends it to the Council, the Council can delay it for only one month.
The Assembly's decision ultimately prevails.
No provision for joint sitting: Unlike Parliament, there is no joint sitting to resolve legislative deadlocks between the two Houses of a State Legislature.
Money Bills
A Money Bill can originate only in the Legislative Assembly.
The Council can make recommendations within 14 days.
The Assembly may accept or reject these recommendations.
If the Council does not return the Bill within 14 days, it is deemed to have been passed by both Houses in the form passed by the Assembly.
Other Powers and Limitations
Budget: The Council can discuss the State Budget but cannot vote on demands for grants.
No-confidence motion: It cannot remove the Council of Ministers through a no-confidence motion; this power rests with the Legislative Assembly.
Legislative scrutiny: It can examine Bills, suggest amendments and facilitate detailed discussions.
Ministerial membership: Ministers may belong to either House, but the Council of Ministers is collectively responsible only to the Legislative Assembly.
Political Use and Challenges
Political considerations: Creation and abolition of Legislative Councils have often been influenced by changing political interests rather than institutional requirements.
Tamil Nadu: The Legislative Council was abolished in 1986 during M.G. Ramachandran's tenure. A resolution for its revival was passed in 2010 under M. Karunanidhi, but the Assembly reversed its position in 2011 under J. Jayalalithaa before Parliament could complete the process.
Andhra Pradesh: The Council was abolished in 1985 under N.T. Rama Rao and subsequently re-established in 2007.
Major concern: Legislative Councils risk becoming instruments of political accommodation rather than effective revising chambers.
Second Administrative Reforms Commission (ARC) Recommendations – 2007
Report on Local Governance
Council of Local Governments: Recommended that Parliament consider creating Legislative Councils in all States as representative bodies of local governments.
Change in electoral composition: Proposed eliminating separate graduate and teacher constituencies, arguing that increased literacy had reduced the need for such special electorates.
Local-body representation: Suggested that all members of Legislative Councils should be elected exclusively by representatives of local bodies.
Objective: Strengthen grassroots democracy by providing local governments with an institutional platform to participate in State-level policymaking.
Expected benefit: Legislative Councils could become effective revising chambers while protecting and empowering the interests of local bodies.
Way Forward
Institutional rather than political approach: Decisions regarding creation or abolition should be based on governance requirements rather than short-term political interests.
Strengthen local representation: Consider the Second ARC's proposal to transform Councils into effective forums for local-government representation.
Improve legislative scrutiny: Encourage detailed examination of Bills, expert consultations and evidence-based deliberations.
Ensure accountability: Evaluate the performance, expenditure and legislative contribution of existing Councils.
Rationalisation: If Councils cannot perform meaningful legislative and representative
