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Legislative Council

Date: 18 August 2019 Tags: Bills & Laws

Issue

                      

Madhya Pradesh Legislative Assembly has passed a bill for creation of Legislative Council.

 

Background

 

The Legislative Council  is the upper house in those states of India that have a bicameral legislature; the lower house being the State Legislative Assembly. Its establishment is defined in Article 169 of the Constitution of India.

 

Formation of Legislative Council

  • Article 171 lays down that the total strength of the Legislative Council of a state shall not exceed (one-third) of the total number of members in the Legislative Assembly of that state provided that the total number of members in the Legislative Council of a state shall in no case be less than forty.
  • Article 169 contains provisions for the abolition and creation of Legislative Council of the states. It says that the Parliament may by law provide for the creation or abolition of the Legislative Council of a state after a resolution to this effect is passed by the Legislative Council of the state with a majority of not less than two third of the members of the Assembly present and voting.
  • Legislative Council is a permanent house and is not dissolved. Its members are elected for a period of six years, one third retire every two years.

Functions of Legislative Council

  • The Legislative Council has little control over the executive. The State Council of Ministers is responsible to the Legislative Assembly alone and not to the Legislative Council.
  • The members of the Legislative Council exercise some control over the State ministry by asking questions and supplementary questions to the ministers.

Election of members of Legislative Council

  • One third members are elected by the members of local bodies in the state (by municipalities, district boards etc) and other local bodies in the state as Parliament may by law specify.
  • One twelfth is elected by graduates of three years standing and residing within the state.
  •  One twelfth is elected by teachers of three years standing in the state, not lower in standard than secondary schools.
  • One third is elected by the members of legislative assembly of the state from amongst the persons who are not members of the assembly.
  • The remainder is nominated by the governor from amongst the persons who have special knowledge or practical experience in the fields of literature, science, art, cooperative movement and social service etc.

States with Legislative Council

  • Uttar Pradesh
  • Bihar
  • Andhra Pradesh
  • Karnataka
  • Telangana
  • Maharashtra