Assessing the outcome of MLC elections

Why in news?

Results of recent MLC elections in UP, Bihar, Maharashtra and Karnataka sparked debate on what council polls really indicate.

UPSC Relevance 

Prelims: Articles 168-171, composition and powers of Legislative Councils, States with Councils. 

Mains: GS2 – Parliament and State legislatures – structure, functioning, conduct of business, powers and privileges. 

Legislative Council 

• Bicameralism in States – A State legislature may have one House (Legislative Assembly or Vidhan Sabha) or two Houses (Assembly plus Legislative Council or Vidhan Parishad). The Council is the Upper House, broadly like the Rajya Sabha at the Union level.
• History – The Government of India Act, 1935 provided bicameral legislatures in six provinces. The Constituent Assembly was divided on the need for second chambers in States, so the Constitution left it optional for each State.
• Present position – Councils exist in six States: Uttar Pradesh (100), Maharashtra (78), Bihar (75), Karnataka (75), Andhra Pradesh (58) and Telangana (40).
• Abolished Councils – West Bengal and Punjab (1969), Tamil Nadu (1986). Andhra Pradesh abolished its Council in 1985 and revived it in 2007. The Jammu and Kashmir Council ended with the J&K Reorganisation Act, 2019.
• Pending or stalled proposals – Bills for Councils in Rajasthan and Assam (2013) are pending in Parliament. The Tamil Nadu Legislative Council Act, 2010 was passed but the Council was never formed after a change of government. Odisha (2018) and West Bengal (2021) Assemblies have passed resolutions for Councils. Andhra Pradesh passed a resolution to abolish its Council in 2020 but withdrew it in 2021.

Constitutional provisions

• Article 168 – Lists the States that have two Houses. A State is added or removed from this list through the Article 169 process.
• Article 169 – Creation and abolition – The Legislative Assembly passes a resolution by a majority of its total membership and two-thirds of members present and voting. Parliament then may pass a law by simple majority. Such a law is not treated as an amendment of the Constitution for Article 368, even though it changes Article 168. Parliament is not bound to act on the resolution.
• Article 171 – Composition – Total strength not more than one-third of the Assembly’s strength and not less than 40. Parliament may change the composition by law; until then it is as given below.
• Article 172(2) – Permanent House – The Council is not subject to dissolution. Members serve six-year terms (fixed by the Representation of the People Act, 1951) and one-third retire every second year.
• Article 173 – Qualifications – A citizen of India, at least 30 years of age, who takes the prescribed oath. Under the RP Act, 1951, an elected member must be an elector for an Assembly constituency in that State; a nominated member must be ordinarily resident in the State.
• Article 182 – The Council elects its own Chairman and Deputy Chairman from among its members.
• Articles 197 and 198 – Deal with the Council’s limited powers over ordinary and Money Bills (see below).

• Mode of election – Proportional representation by means of the single transferable vote, through secret ballot. Graduate and teacher constituencies are territorial and polls are conducted by the Election Commission.
• Separate electoral rolls – Graduates and teachers are not enrolled automatically; they must apply to be placed on a separate roll. This is why these electorates are small and why party machinery matters more than a ‘wave’.

Powers and position of the Council

• Ordinary Bills (Article 197) – If the Council rejects a Bill passed by the Assembly, or does not act on it for three months, or proposes amendments the Assembly does not accept, the Assembly can pass it again. The Council can then hold it for only one more month. So it can delay a Bill by four months at most, after which the Assembly’s version prevails.
• No joint sitting – Unlike Parliament (Article 108), there is no provision for a joint sitting to resolve deadlock between the two Houses of a State.
• Bills starting in the Council – If the Assembly rejects a Bill that originated in the Council, the Bill ends there.
• Money Bills (Article 198) – Can be introduced only in the Assembly. The Council must return it within 14 days with or without recommendations, which the Assembly may ignore.
• Budget – The Council can discuss the budget but cannot vote on demands for grants.
• Executive accountability – The Council of Ministers is collectively responsible only to the Assembly (Article 164(2)). The Council can ask questions and hold debates but cannot pass a no-confidence motion.
• Elections it does not take part in – MLCs do not vote in the election of the President (Article 54) or Rajya Sabha members (Article 80(4)), which are only for elected MLAs.
• Ministers from the Council – A Chief Minister or Minister can be an MLC. Recent examples include Nitish Kumar (Bihar), Yogi Adityanath (UP) and Uddhav Thackeray (Maharashtra, 2020).

Arguments in favour of Legislative Councils

• Revising chamber – Acts as a check on hasty or poorly drafted laws passed by the Assembly in a hurry or under majority pressure.
• Space for experience and expertise – Teachers, graduates and nominated members from literature, science, art and social service can bring knowledge that electoral politics may not.
• Reduces load on Assembly – Councils can debate Bills and policy in more detail when the Assembly is busy with budgets and constituency matters.
• Representation of local bodies – One-third of members come from local bodies, giving a voice to the third tier in the State legislature.
• Continuity – As a permanent House, it keeps legislative experience alive even when the Assembly is dissolved.
• Accommodating leaders – Allows people like technocrats or senior leaders who may not contest direct elections to serve in government.

Arguments against Legislative Councils

• Backdoor entry – Often used to bring in leaders who lost Assembly polls or to reward party workers, rather than experts.
• Weak powers – It can only delay, not block. Many see it as a dilatory chamber that adds little.
• Cost burden – Salaries, staff and buildings put strain on State finances for limited gain.
• Outdated electorate – Graduate and teacher constituencies were designed in a time of low literacy. Today they create an elite electorate and leave out other groups like farmers and workers.
• Politicised nominations – Governor nominates on the advice of the State government, so nominated seats usually go to party loyalists, defeating the purpose.
• Local bodies already empowered – After the 73rd and 74th Amendments (1992), panchayats and municipalities have their own constitutional status.
• Instability of the institution – Councils are created and abolished with changes in government (Andhra Pradesh, Tamil Nadu), showing that decisions are often political rather than based on need.

Expert views and way forward

• Parliamentary Standing Committee on Law and Justice (2013) – While examining the Rajasthan and Assam Council Bills, it recommended a national policy on creation and abolition of Councils so that the decision is not left to the whims of a ruling party. It also questioned the continued need for graduate and teacher constituencies.
• Uniform policy – Clear criteria (size of the State, population, legislative workload) for having a Council, instead of case-by-case political decisions.
• Review the electorate – Parliament can use its power under Article 171(2) to update the composition, for example by including other professional or social groups.
• Meaningful nominations – Transparent criteria for Governor’s nominations so that the seats go to genuine experts.
• Stronger committee work – Councils can focus on detailed scrutiny of Bills, subordinate legislation and policy through committees, like the Rajya Sabha does.
• Panchayat Councils – Councils can be turned into a house of deliberation for local bodies of self-governance. 

Practice MCQ 

Q1. Consider the following statements regarding the Legislative Council of a State:

1. A law of Parliament creating a Legislative Council is not deemed to be an amendment of the Constitution for the purposes of Article 368.

2. Members of the Legislative Council take part in the election of the President of India.

3. The Council can delay an ordinary Bill passed by the Legislative Assembly for a maximum period of four months.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

Answer: (b)

Explanation: Statement 2 is incorrect. Only elected members of the Legislative Assemblies of States (and Delhi and Puducherry) are part of the Electoral College under Article 54. Statement 3 is correct: three months the first time and one month the second time.

Q2. Consider the following statements:

Statement-I: The Legislative Council of a State cannot remove the State Council of Ministers by passing a no-confidence motion.

Statement-II: Under Article 164(2), the Council of Ministers is collectively responsible to the Legislative Assembly of the State.

Which one of the following is correct in respect of the above statements?

(a) Both Statement-I and Statement-II are correct and Statement-II explains Statement-I

(b) Both Statement-I and Statement-II are correct, but Statement-II does not explain Statement-I

(c) Statement-I is correct, but Statement-II is incorrect

(d) Statement-I is incorrect, but Statement-II is correct

Answer: (a)

Explanation: Since collective responsibility is only to the Assembly, the Council has no power to bring down the government, though Ministers may be its members.

Mains Practice Question 

 “Legislative Councils in States are seen by some as a forum for experience and expertise, and by others as a costly backdoor for politicians.” Discuss the constitutional provisions related to Legislative Councils and examine whether India needs a uniform policy on their creation and abolition. (15 marks, 250 words)

PDF