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

Constitutional provisions

• Article 168 provides for a Legislative Council as the second chamber in states opting for bicameralism.
• Article 169: Parliament may create or abolish a Council by ordinary law, provided the State Assembly first passes a resolution by special majority — a majority of total membership and two-thirds of members present and voting. Such a law is expressly not a constitutional amendment under Article 368.
• Article 171: the Council's strength cannot exceed one-third of the Assembly (minimum 40). Roughly one-third are elected by local bodies, one-third by MLAs, one-twelfth each by graduates and teachers, and about one-sixth are nominated by the Governor from literature, science, art, the cooperative movement and social service.

Working and current status

• Six states are bicameral: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh; Jammu and Kashmir's Council was abolished by the Reorganisation Act, 2019.
• Status shifts with politics: West Bengal abolished its Council in 1969; Tamil Nadu's 2010 revival law was repealed before the Council was constituted; Andhra Pradesh's Assembly resolved in January 2020 to abolish its Council, while Odisha's 2018 resolution for creation awaits Parliament.
• In practice, Councils act as revising chambers and bring in teachers, graduates and nominated experts, but their powers are limited: an ordinary bill can be delayed only about four months in aggregate, a money bill 14 days, and with no provision for a joint sitting the Assembly always prevails.

Assessment

Critics see Councils as costly delaying chambers and a backdoor for defeated politicians; supporters value sober second thought and functional representation. Their utility ultimately depends on the quality of nominations and genuine revising work — bicameralism in the states is rightly a case-by-case choice, not a uniform prescription.