What is the Role of Legislative Councils?

UPSC Syllabus: Gs Paper 2- Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.

Introduction

Legislative Councils (Vidhan Parishads) are the upper houses of state legislatures in India, where they exist. They aim to improve lawmaking through legislative scrutiny, informed debate and wider representation. Recent elections to 28 Council seats in Uttar Pradesh, Bihar, Maharashtra and Karnataka have renewed interest in their role, composition and electoral process. Their limited powers and dependence on political decisions raise questions about their effectiveness and continued relevance. What is the Role of Legislative Councils?

Background and Rationale of Legislative Councils

1. Historical Evolution: The Government of India Act, 1935 introduced bicameral legislatures in six provinces: Madras, Bombay, Bengal, the United Provinces, Bihar and Assam, with highly restricted voting rights for wealthy and educated minorities.
2. Original Legislative Role: These Councils acted as revising chambers to review Provincial Legislative Assembly decisions and enjoyed equal powers in passing bills under the 1935 framework.
3. Arguments in Favour: Supporters in the Constituent Assembly viewed Councils as a check on hasty legislation, a source of diverse viewpoints and a forum for informed debate.
4. Arguments Against: Opponents considered Councils costly and capable of delaying government action, while political leaders could use membership to reward loyalists.
5. Constitutional Compromise: The Constitution allowed states to choose whether to have a second chamber, while limiting its membership and powers to balance representation with administrative efficiency.

Constitutional Framework and Structure of Legislative Councils

1. Constitutional Provisions: Article 168 provides for Legislative Councils in states with bicameral legislatures, while Article 169 deals with their creation and abolition.
2. Present Status: Six states have operational Councils: Andhra Pradesh, Bihar, Maharashtra, Karnataka, Uttar Pradesh and Telangana. Uttar Pradesh has the largest Council with 100 seats, while Telangana has 40.
3. Membership Strength: Article 171 fixes the minimum strength at 40 members, while the maximum cannot exceed one-third of the total membership of the State Legislative Assembly.
4. Creation and Abolition: Under Article 169, Parliament may create or abolish a Council through ordinary legislation only after the State Assembly passes a resolution by a majority of its total membership and at least two-thirds of members present and voting.
5. Permanent Nature and Tenure: Under Article 172, a Council is a continuing House and cannot be dissolved. Each member serves six years, with one-third retiring every two years.
6. Political Instability: Tamil Nadu abolished its Council in 1986, considered revival in 2010 and opposed revival in 2011; Andhra Pradesh abolished its Council in 1985 and recreated it in 2007.
7. Seat Allocation: The Representation of the People Act, 1950 provides the seat distribution for individual Councils, including provisions for Madhya Pradesh and Tamil Nadu, whose Councils are not operational.

Composition and Categories of MLC Members

Article 171 provides for the Council’s composition, with the following proportions applying as nearly as may be.

1. Representation through MLAs: One-third of Council members are elected by State Legislative Assembly members, connecting the Council with elected state representatives.
2. Representation through Local Bodies: One-third are elected by members of municipalities and other local authorities, providing local governance institutions a voice in state-level lawmaking.
3. Graduate Constituencies: One-twelfth of members are elected by designated graduate electorates, providing eligible graduates a separate channel of representation.
4. Teacher Constituencies: One-twelfth of members are elected by eligible teachers, providing educational professionals a distinct role in legislative representation.
5. Governor’s Nomination: The Governor nominates the remaining one-sixth of members, bringing expertise from literature, science, art, the cooperative movement and social service.

Eligibility, Nomination and Electoral Process

1. Eligibility for MLC Membership: A candidate must be an Indian citizen, at least 30 years old and satisfy the other constitutional and statutory qualifications applicable to the election.
2. Eligibility for Graduate Voters: A voter must be an Indian citizen, ordinarily resident in the constituency and have been a graduate of an Indian university, or hold a legally recognised equivalent qualification, for at least three years.
3. Eligibility for Teacher Voters: A voter must have taught for at least three years during the preceding six years in prescribed educational institutions within the state, not lower in standard than secondary school.
4. Local Authority and MLA Electorates: Only sitting members of concerned local bodies can vote in local authority constituencies, while only sitting MLAs vote in MLA constituencies.
5. Special Electoral Rolls: Graduate and teacher electoral rolls are prepared afresh before every election, requiring existing voters to reapply and fulfil eligibility conditions from the November 1 qualifying date.
6. Nomination Criteria: The Governor nominates state residents with special knowledge or practical experience in literature, science, art, the cooperative movement and social service.
7. Single Transferable Vote: MLC elections use proportional representation through the Single Transferable Vote (STV), where voters rank candidates by marking their preferences on ballot papers.
8. Vote Counting and Ballot Secrecy: Candidates need a prescribed quota of votes, with surplus votes and preferences transferred during counting; unlike Rajya Sabha elections, MLA voting in Council elections remains secret.

Role, Significance, Powers and Limitations of Legislative Councils

1. Legislative Scrutiny: Councils provide an additional forum to examine bills, discuss their provisions and suggest changes, helping the Assembly reconsider legislation before final passage.
2. Deliberative Value: Members with professional knowledge and practical experience can contribute informed perspectives to legislative discussions and improve the quality of debate.
3. Representation of Local Interests: Members elected through local authorities provide a channel for local governance concerns to reach the state legislature.
4. Participation in the Executive: The Chief Minister and other ministers may be members of the Legislative Council, just as ministers at the Union level can belong to the Rajya Sabha.
5. Limited Powers over Ordinary Bills: Under Article 197, the Council can delay an ordinary bill for up to three months initially and one month after the Assembly passes it again, but cannot permanently block it.
6. Powers over Money Bills: Under Article 198, a Council can only recommend changes to a Money Bill and must return it within 14 days; the Assembly may accept or reject its recommendations.
7. Difference from Rajya Sabha: Rajya Sabha is a permanent parliamentary chamber, whereas a State Council’s existence depends on the constitutional process involving the State Assembly and Parliament.

Reforms and the Way Forward

1. Implementing the Second ARC Recommendation: The Second Administrative Reforms Commission (ARC), in its 2007 Local Governance Report, proposed creating Legislative Councils in all states as Councils of Local Governments.
2. Reforming Electoral Composition: The ARC recommended removing separate graduate and teacher electorates, arguing that rising literacy rates reduced the need for these special constituencies.
3. Strengthening Local Representation: Enhance the representation of local bodies to strengthen grassroots participation in state-level legislation.
4. Ensuring Meaningful Functioning: Legislative Councils should perform substantive roles in legislative scrutiny, debate and policy review rather than functioning merely as an additional or ornamental chamber.
5. Reviewing Institutional Relevance: States should periodically assess whether their Legislative Councils are fulfilling their intended purposes and contributing meaningfully to governance.
6. Establishing a National Policy: A 2013 Parliamentary Committee recommended a national policy on the creation and abolition of Legislative Councils to ensure a consistent approach across states, rather than allowing such decisions to vary with the political preferences of the government in power.

Conclusion

Legislative Councils can add value to state governance when they ensure meaningful scrutiny, informed debate and wider representation. Their relevance depends on effective functioning, institutional stability and a clear purpose. Reforms in representation and a consistent policy on their existence can help them serve as useful deliberative institutions.

Question for Practice:

Discuss the role, significance, powers and limitations of Legislative Councils in India, and suggest measures to improve their effectiveness.

Source: The Hindu; Indian Express