Odisha House nod for Legislative Council

Odisha House nod for Legislative Council

News:

1. A resolution seeking creation of a Legislative Council in Odisha was passed in the State Assembly on Thursday.

Important Facts:

2. The proposed Council will have 49 members, which is one-third of the total members of the State Assembly.

3. A committee under the chairmanship of Nrusingha Sahu, the State Transport Minister, was set up by the Odisha Government in 2015 to study the legislative councils in other states.

4. Visiting the four states- Bihar, Telangana, Maharashtra and Karnataka, committee had submitted a report to the Chief Minister on  August, 3.

5. The committee recommended for setting up of Legislative Council to accelerate the growth momentum picked up by the state.

6. Legislative Councils in India:

• Presently, there are only seven states which have two-tier of legislature that is containing both Legislative Assembly and Legislative Council.
• The states are Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh, Telangana and Jammu & Kashmir.
• Tamil Nadu had passed a law to set up a Council but the subsequent AIADMK government withdrew it after coming to power in 2010 while Andhra Pradesh’s Legislative Council, set up in 1958, was abolished in 1985, then reconstituted in 2007.
• Further, Parliament has also cleared formation of Legislative Council Rajasthan and Assam.
• As in Rajya Sabha, members of a Legislative Council are not directly elected by voters.

7. Legislative Councils : Historical Background

Government of India Act 1919 introduced for the first time, bicameral system i.e. two Houses of Parliament in the country.

However, Government of India Act 1935 introduced bicameralism in six out of eleven provinces i.e. Bengal, Bombay, Madras, Bihar, Assam and the United Provinces.

The Constituent Assembly while framing the Constitution had an argument on the importance of the Legislative Council that, it will,

a)  act as a check on hasty actions by the popularly elected House and

b) ensure that individuals who might not be cut out for the rough-and-tumble of direct  elections too are able to contribute to the legislative process.

Constitutional Provisions for the Legislative councils in India:

• The Constitution of India provides for setting up of a Legislative Council in addition to the Legislative Assembly under Article 171.
• Under Article 169 of the Constitution of India, a Legislative Council can be formed “if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting”. Parliament can then pass a law to this effect.
• Composition of the Legislative Councils:

8. Strength: Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total number of MLAs of the state, and not less than 40 members. Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.

9. Manner of Election:

10. The members are elected in accordance with the system of proportional representation by means of a single transferable vote.

11. The bonafides or propriety of the governor’s nomination in any case cannot be challenged in the courts.

12. Of the total number of members of a legislative council:

• 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.,
• 1/12 are elected by graduates of three years standing and residing within the state,
• 1/12 are elected by teachers of three years standing in the state, not lower in standard    than secondary school,
• 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly, and
• The remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.

Thus, 5/6 of the total number of members of a legislative council are indirectly elected and 1/6 are nominated by the governor.

c) Duration of Council:

• Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution.
• One-third of its members retire on the expiration of every second year. So, a member continues as such for six years.
• The vacant seats are filled up by fresh elections and nominations (by governor) at the beginning of every third year.
• The retiring members are also eligible for re-election and re-nomination any number of times.

•  Legislative Councils differs with the Rajya Sabha:

13. The legislative power of the Councils are limited compared to Rajya Sabha.

14. Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack a constitutional mandate to do so; Assemblies can override suggestions/amendments made to a legislation by the Council.

15. Unlike Rajya Sabha MPs, MLCs cannot vote in elections for the President and Vice President. The Vice President is the Rajya Sabha Chairperson; an MLC is the Council Chairperson.