Legislative Councils: Role, Composition, Reforms

LEGISLATIVE COUNCILS: ROLE, COMPOSITION AND REFORMS

WHY IN THE NEWS ?

• Recent Elections: Elections to 28 Legislative Council seats were recently held in Uttar Pradesh, Bihar, Maharashtra and Karnataka, attracting political attention.
• Constitutional Debate: The elections have renewed discussion about the relevance, composition, powers and possible reforms of Legislative Councils in Indian States.

LEGISLATIVE COUNCILS: BACKGROUND AND CONSTITUTIONAL PROVISIONS:

• Historical Background: The Government of India Act, 1935 introduced bicameral legislatures in six provinces, with Legislative Councils functioning as revising chambers.
• Constitutional Basis: Article 168 provides for State legislatures consisting of Legislative Assemblies and, where applicable, Legislative Councils.
• Creation and Abolition: Under Article 169, Parliament can create or abolish a Legislative Council through an ordinary law, following a special resolution passed by the State Legislative Assembly with a majority of its total membership and a two-thirds majority of members present and voting.
• Composition: Article 171 provides that a Council cannot exceed one-third of the Assembly’s strength and must have at least 40 members.
• Representation: One-third are elected by local authorities, one-twelfth by graduates, one-twelfth by teachers, one-third by MLAs, while the remaining one-sixth are nominated by the Governor for special knowledge or practical experience.

POWERS, DEBATES AND RECOMMENDED REFORMS

• Tenure: Under Article 172, Legislative Councils are permanent bodies. Members serve six-year terms, with one-third retiring every two years.
• Legislative Powers: Councils can discuss and suggest amendments to ordinary bills but can delay their passage for a maximum of four months. The Assembly ultimately prevails.
• Constitutional Debate: Supporters consider Councils useful for reviewing legislation, preventing hasty decisions and providing representation to experienced individuals. Critics view them as expensive, politically motivated and potentially redundant.
• Political Considerations: Their creation and abolition have frequently reflected changing political interests, as seen in Tamil Nadu and Andhra Pradesh.
• Second ARC Recommendation: The Second Administrative Reforms Commission (2007) proposed transforming Councils into Councils of Local Governments, with all members elected by local body representatives, eliminating separate graduate and teacher constituencies.