Explain the constitutional provisions under which Legislative Councils are established. Review the working…

Question

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

Ghissu Editorial · Accepted Answer

Legislative Councils are created or abolished by Parliament under Article 169 after a special-majority Assembly resolution, and Article 171 fixes their mixed elected and nominated composition. They now function in six states, offering a second look on bills but often serving as political back doors.

**Introduction**

West Bengal's 2021 resolution to revive its Council and Andhra Pradesh's 2020 vote to abolish one, later withdrawn, show that state bicameralism is optional under Article 169.

**Constitutional Provisions for Legislative Councils**

SKETCH: tree | Council Composition (Art. 171)
- Legislative Council
  - 1/3 local bodies
  - 1/3 elected by MLAs
  - 1/12 graduates
  - 1/12 teachers
  - 1/6 Governor's nominees

1. **Creation and abolition**: Parliament creates or abolishes a Council by ordinary law after the Assembly's special-majority resolution (Article 169), and this is not an Article 368 amendment.
2. **Size and composition**: Article 171 caps the Council at one-third of the Assembly with a floor of 40, mixing indirectly elected and expert nominated seats.
3. **Permanent but subordinate**: The Council is never dissolved, a third retiring every two years (Article 172), but it can only delay ordinary bills by up to four months and Money Bills by 14 days (Articles 197-198).

**Working and Current Status of Legislative Councils**

1. **Six states**: Councils exist in Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh; Jammu and Kashmir's ended in 2019.
2. **Second look**: The Andhra Pradesh Council sent the three-capitals bills to a select committee in 2020, though the Assembly retaliated with an abolition resolution.
3. **Back door to office**: Nitish Kumar, Yogi Adityanath (2017) and Uddhav Thackeray (2020) held office as Council members without a direct election.
4. **Stalled and politicised**: Rajasthan and Assam Council Bills have been pending since 2013, and Maharashtra's 12 nominations stayed undecided from 2020 to 2022.

**Conclusion**

Councils offer expert scrutiny but often serve political convenience. A national policy, urged by a Parliamentary Standing Committee in 2013, and merit-based nominations would make them a genuine house of second thought.

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

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