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

Introduction

The Legislative Councils (Vidhan Parishads) are the upper houses in the bicameral legislatures of some Indian states, established under the Constitution of India. Article 169 provides for their creation or abolition, reflecting the federal structure and flexibility of Indian democracy. Currently, only six states have Legislative Councils, raising debates about their relevance and functioning.

Key Constitutional Provisions for Legislative Councils

• Article 169: Empowers Parliament to create or abolish a Legislative Council in a state if the Legislative Assembly of that state passes a resolution by a special majority.
• Article 171: Specifies the composition of the Legislative Council:
  • Maximum strength: One-third of the Legislative Assembly.
  • Minimum strength: 40 members.
  • Members are elected or nominated as follows:
    • One-third by local bodies (e.g., municipalities, panchayats).
    • One-third by members of the Legislative Assembly.
    • One-twelfth by graduates in the state.
    • One-twelfth by teachers in the state.
    • One-sixth nominated by the Governor for expertise in fields like literature, science, art, or social service.
• Article 168: Recognizes the Legislative Council as part of the state legislature in states with a bicameral system.
• Article 170: Limits the total number of members in the Legislative Assembly and Council combined.
• Article 177: Allows the Advocate General and Ministers to participate in Council proceedings without voting rights.

Value Addition Block — Composition of Legislative Councils

Review of the Working of Legislative Councils

Significance of Legislative Councils

• Deliberative Role: Councils act as a forum for detailed debate and discussion on legislation, ensuring laws are well-considered.
  • Example: The Andhra Pradesh Legislative Council referred the Decentralisation and Inclusive Development of All Regions Bill, 2020 to a select committee for further scrutiny.
• Expertise and Representation: The inclusion of professionals and experts (nominated members) enriches legislative discussions.
  • Example: Eminent personalities like Dr. Sarvepalli Radhakrishnan have contributed to legislative councils.
• Checks and Balances: Councils prevent hasty legislation by providing a second layer of scrutiny.
• Representation of Marginalized Groups: Graduates, teachers, and local bodies get a platform for representation.

Challenges in Functioning

• Limited Powers: Legislative Councils have no authority over money bills (Article 198) and can only delay ordinary bills for a maximum of four months.
• Perceived Redundancy: Critics argue that councils duplicate the work of Legislative Assemblies without adding significant value.
  • Example: The abolition of the Legislative Council in Tamil Nadu (1986) was justified on grounds of inefficiency.
• Political Manipulation: Councils are sometimes used to accommodate defeated politicians or party loyalists.
  • Example: Allegations of misuse in Maharashtra and Uttar Pradesh.
• Financial Burden: Maintaining councils imposes additional costs on state exchequers.
  • Example: The Andhra Pradesh government proposed abolishing its council in 2020, citing financial constraints.

Current Status of Legislative Councils

• States with Legislative Councils: As of now, six states have Legislative Councils: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka.
• Proposals for Creation:
  • Rajasthan and Assam have passed resolutions for the creation of Legislative Councils, but Parliament has not yet acted on them.
• Proposals for Abolition:
  • Andhra Pradesh has repeatedly debated abolishing its council due to political and financial reasons.
• Debates on Relevance:
  • The Second Administrative Reforms Commission (2008) recommended abolishing Legislative Councils, terming them unnecessary.
  • However, the National Commission to Review the Working of the Constitution (2002) supported their continuation, emphasizing their deliberative role.

Way Forward

• Reforms in Composition: Increase representation of professionals and experts to enhance the quality of debates.
• Strengthening Powers: Grant councils more substantive roles in legislative processes, such as advisory powers on money bills.
• Cost Rationalization: Optimize operational costs to address financial concerns.
• Periodic Review: Conduct regular assessments of councils' performance to ensure they remain relevant and effective.

Conclusion

Legislative Councils, envisioned as deliberative bodies, play a vital role in enriching legislative processes. However, their limited powers and financial implications necessitate reforms to enhance their efficiency and relevance. A balanced approach, combining constitutional flexibility with pragmatic reforms, can ensure that Legislative Councils serve as effective instruments of democracy.