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The Parliament, under Article 169, can abolish or create a legislative council by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect. Article 171 provides for the Composition of council.
Utility of State legislative councils
- Bringing diverse opinion on policy making ; Functional representation of various groups [e.g., teachers, graduates, local representatives], thus enable non-elected persons to contribute to the legislative process.
- Check hasty legislations by Legislative assemblies + prevent them from exercising too much legislation or executive authority
- Nominated members who are apolitical background bring extra wisdom and provides forum for intellectuals and academicians who are not suited for electoral politics.
- Brings pressure on Legislative assembly for policy making.
Concerns with Legislative Councils
- They can be created and abolished by Union parliament by a simple majority.
- Their recommendations are not binding on assembly + became back door for failed politicians
- Burden on public exchequer.
- Representing graduates in the house has outlived its utility
- Politicization in selecting nominated members
- Can create delay in policy making.
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