Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations
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
Parliament can create or abolish a Legislative Council if the State Assembly passes a resolution by special majority.
Specifies 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
The directive "explain" requires detailing the constitutional provisions, while "review" demands a critical assessment of their functioning, utility, and current status with examples.
Suggested structure
Introduction to Legislative Councils and State Bicameralism
Constitutional Provisions for Establishment and Composition (Articles 169 & 171)
Working and Role of Legislative Councils
Current Status of Legislative Councils (States and Debates)
Challenges, Criticisms, and Utility (with illustrations)
Conclusion and Way Forward
Key points
Article 169: Parliament can create or abolish Legislative Councils if the State Assembly passes a resolution by a special majority.
Article 171: Details composition (max 1/3 of Assembly, min 40 members), with members elected by MLAs, local bodies, graduates, teachers, and nominated by Governor.
Role: Act as a deliberative body, provide a check on hasty legislation, and represent diverse interests (intellectuals, professionals).
Limited powers: Subordinate to Legislative Assembly, especially in financial matters (money bills cannot originate, limited delaying power for ordinary bills).
Current Status: Mention states currently having LCs (e.g., UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh, Telangana) and ongoing debates/attempts for creation/abolition (e.g., Andhra Pradesh's resolution to abolish).
Criticisms: Often seen as a 'parking lot' for defeated politicians, financial burden, and potential for legislative obstruction without significant power.
Common mistakes
Not mentioning specific constitutional articles (169, 171).
Confusing the powers of Legislative Councils with those of Rajya Sabha.
Failing to provide current examples or illustrations of states with LCs or debates surrounding them.
Only explaining establishment without reviewing their working, status, and criticisms.
Difficulty: Medium — The question requires knowledge of specific constitutional articles, understanding of state legislative structure, and critical analysis of the utility and current relevance of Legislative Councils, demanding both factual recall and analytical skills.