What is the role of Legislative Councils?

Why in news?

Elections to 28 Legislative Council seats in UP, Bihar, Maharashtra and Karnataka renewed debate on the councils’ relevance.

UPSC Relevance

Prelims – Articles 168 to 173, 182, 197 and 198; composition, election and powers of Legislative Councils; States with councils

Mains GS2 – Indian Constitution, historical underpinnings and evolution; Structure, functioning and conduct of business of State Legislatures. 

What is a Legislative Council?

The Legislative Council (Vidhan Parishad) is the upper house of a State legislature. A State with two houses is called bicameral; the other house is the Legislative Assembly (Vidhan Sabha). Councils are optional – the Constitution allows each State to decide whether it wants one.

Today, six States have councils – Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh (Article 168). Jammu and Kashmir also had one until it was abolished under the J&K Reorganisation Act, 2019.

Trick to remember : MAKTUB

Historical Background 

• Government of India Act, 1935 – Introduced bicameralism in six provinces – Madras, Bombay, Bengal, United Provinces, Bihar and Assam.
• Elitist character – Voting rights were limited to a small, wealthy or educated group. Councils could not be dissolved, members served nine years, and one-third retired every three years.
• Equal powers – These councils had powers equal to the Assemblies on bills. Deadlocks were resolved by the Governor through a joint sitting.
• Constituent Assembly debates – Supporters saw councils as a check on hasty laws by elected Assemblies. Critics called them a burden on the exchequer and a way to bring back defeated politicians. The compromise was to make them optional and to let Parliament decide by ordinary law.

Constitutional Provisions

Creation and Abolition – Article 169

• The State Assembly passes a resolution by a special majority – a majority of its total membership and at least two-thirds of members present and voting.
• Parliament then passes a law by simple majority.
• Such a law is not considered an amendment of the Constitution under Article 368, even though it changes the First and Fourth Schedules.
• Parliament is not bound to act on the State’s resolution. Proposals from Rajasthan, Assam and Odisha have remained pending for years.

Composition and Election – Article 171

Elections are held through proportional representation by the single transferable vote. Thus about five-sixths of the members are indirectly elected and one-sixth nominated. Parliament can change this composition by law.

Powers – A Weak Second Chamber

• Ordinary bills (Art 197) – The council can only delay a bill passed by the Assembly – up to three months the first time and one month the second time, so a maximum of four months. After that, the Assembly’s version is final.
• No joint sitting – Unlike Parliament (Article 108), there is no joint sitting to break a deadlock. The Assembly always has the last word.
• Bills originating in the council – If the Assembly rejects such a bill, it simply ends there.
• Money Bills (Art 198) – Can only be introduced in the Assembly. The council must return it within 14 days, with or without recommendations, which the Assembly may ignore.
• Executive control – The Council of Ministers is responsible only to the Assembly. The council can ask questions and discuss, but cannot remove the government.
• Elections – MLCs do not vote in the election of the President or of Rajya Sabha members.
• Ministers from the council – Ministers, including the Chief Minister, can be members of the council. Uddhav Thackeray, Yogi Adityanath and Nitish Kumar have been CMs as MLCs.

Legislative Council vs Rajya Sabha

Is it needed ?

Issues – Politics over Principle

• Creation and abolition driven by politics – Councils have come and gone with changes in government, not after careful study.
  • Tamil Nadu – Abolished in 1986 under M.G. Ramachandran; Assembly voted for revival in 2010 under M. Karunanidhi; the Jayalalithaa government passed a resolution against it in 2011.
  • Andhra Pradesh – Abolished in 1985 under N.T. Rama Rao, revived in 2007. In 2020, the Assembly again voted to abolish it, but withdrew the resolution in 2021.
  • West Bengal and Punjab abolished their councils in 1969 and 1970. West Bengal passed a resolution to revive it in 2021.
• Mixed record on revision – Ruling parties often lack a majority in the council, so it may be used to block or delay bills for political reasons (as seen in Andhra Pradesh over the three-capitals bills).
• No national policy – Whether a State gets a council depends on Assembly resolutions and Parliament’s will, with no clear criteria.

Second ARC Recommendation (2007)

The Second Administrative Reforms Commission, in its report on Local Governance, suggested that Parliament create a council in all States as a “Council of Local Governments”.

• All members to be elected only by local body representatives.
• Separate graduate and teacher constituencies are no longer needed, given higher literacy levels.
• This would give panchayats and municipalities a direct voice in State law-making and strengthen the 73rd and 74th Amendments.

Way Forward

• Clear criteria – A national policy on which States need a council, based on size, population and administrative need, instead of political convenience.
• Implement the 2nd ARC’s idea – Turn councils into chambers of local governments, giving real meaning to decentralisation.
• Merit-based nominations – Ensure Governor’s nominees truly come from the listed fields.
• Stronger committee role – Use council committees for detailed scrutiny of bills and budgets.
• Otherwise abolish – If councils cannot play a useful role, keeping them only as an ornament adds cost without value.

Practice MCQ 

Q1. With reference to the Legislative Council of a State in India, consider the following statements:

1. A law passed by Parliament to create a Legislative Council is treated as an amendment of the Constitution under Article 368.

2. One-sixth of the members of the council are nominated by the Governor.

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

4. The council can delay an ordinary bill passed by the Legislative Assembly for a maximum period of four months.

How many of the above statements are correct?

(a) Only one

(b) Only two

(c) Only three

(d) All four

Answer: (b)

Explanation: Statement 1 is incorrect – Article 169 says such a law is not an amendment under Article 368. Statement 3 is incorrect – only elected members of State Assemblies are part of the electoral college for the President. Statements 2 and 4 are correct.

Q2. Consider the following statements:

Statement-I: There is no provision for a joint sitting to resolve a deadlock between the Legislative Assembly and the Legislative Council over an ordinary bill.

Statement-II: The Constitution gives the Legislative Assembly the final say on ordinary bills, and the council can only delay them.

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 the Assembly’s version prevails after the council’s limited delay (Article 197), a joint sitting is not needed. In Parliament, both houses have equal power on ordinary bills, which is why Article 108 provides for a joint sitting.

Mains Practice Question 

“Legislative Councils were meant to be revising chambers, but their creation and abolition have largely been driven by political considerations.” Critically examine the relevance of Legislative Councils in India and evaluate the Second ARC’s proposal to reform them. (15 marks, 250 words)

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