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Tags Current Affairs

Legislative council

Date: 18 October 2019 Tags: Constitution

Issue

Jammu and Kashmir government issued formal orders for abolition of legislative council in the state after it was made a union territory.

 

Background

In early August, the central government revoked the special status granted to J&K and bifurcated the state into two Union territories of J&K and Ladakh. This resulted in re-organisation of J&K’s political structure.
 

Details

  • The Legislative Council (Vidhan Parishad ) 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.

  • The membership of the Legislative Council is for 6 years and 1/3rd members retire every 2 years.

  • At present , seven states have Legislative Councils. These are Jammu and Kashmir(abolished), Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh and Telangana.

Membership of Legislative Council

  • About 1/3rd of members are elected by members of the Assembly.

  • 1/3rd by electorates consisting of members of municipalities, district boards and other local authorities in the state.

  • 1/12th by an electorate consisting of teachers.

  • 1/12th by registered graduates.

  • The remaining members (1/6th) are nominated by the Governor from among those who have distinguished themselves in literature, science, art, the cooperative movement, and social service.

 

Importance

  • It  acts as a check on hasty actions by the popularly elected House.

  • To ensure that individuals who might not be able to fight direct elections too are able to contribute to the legislative process.

 

Criticism

  • They are used to park leaders who have not been able to win an election.

  • They can be used to delay progressive legislation.

  • They would strain state finances.

Legislative council

Date: 02 December 2020 Tags: Constitution

Issue

Former actress and nominated member of Maharashtra Legislative Council Urmila Matondkar has joined Shiv Sena.

 

Details

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

 

Qualification

  • MLC must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters' list of the state for which he or she is contesting an election.

  • He or she may not be a Member of Parliament and Member of the State Legislative Assembly at the same time.

  • The tenure of the MLCs is six years. One-third of the members of Legislative Council retire after every two years.

  • This arrangement parallels that for the Rajya Sabha, the upper house of the Parliament of India.

  • The size of the State Legislative Council cannot be more than one third of the membership of the State Legislative Assembly. However, its size cannot be less than 40 members.

  • The Legislative Council can neither make nor break a state government. The Legislative Council also have no role in the passing of Finance Bills.

  • But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status of Cabinet Ministers in the state.

 

Composition of Legislative council

  • One third members are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.

  • One third members are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.

  • One sixth members are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement, and social services.

  • One twelfth members are elected by persons who are graduates of three years' standing residing in that state.

  • One twelfth members are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.

 

Abolition and creation of MLC

  • According to the Article 169 of the Indian constitution, the Indian Parliament can create or abolish the State Legislative Council of a state if that State's Legislative passes a resolution for that with a special majority.

  • The Legislative Councils are criticised for being unnecessary. It is considered a burden on the state budget and cause delays in passing legislations.

Legislative council

Date: 06 March 2021 Tags: Constitution

Issue

Chief Minister Mamata Banerjee has promised to constitute Legislative Council if her party comes back to power in the state.

 

Background

The Legislative Council is the upper house of state legislatures and is widely dubbed as a retirement house for political discardees.

 

Details

  • Legislative council has been defined under Article 168 of the Constitution of India. The process of constituting Legislative Council is defined in the same article.

  • The size of the State Legislative Council should not exceed one third of the membership of the State Legislative Assembly. 

  • The tenure of the MLCs is six years. One-third of the members of Council retire after every two years. 

 

Criteria

To be eligible as a member of State Legislative Council (MLC), a person must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters' list of the state for which he or she is contesting. 

 

Membership of council

  • One third members are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis etc.

  • One third are elected by the members of Legislative Assembly of the State.

  • One sixth are nominated by the Governor from individuals having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.

  • One twelfth are elected by persons who are graduates of three years' standing residing in that state.

  • One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.

 

Powers and functions

  • The State Legislative Council cannot form or dissolve a state government.

  • The Legislative Council does not play any role in the passing of money bills.

  • The Chairman and Deputy Chairman of the State Legislative Council enjoy the same status of Cabinet Ministers in the state.

 

States with legislative council

At present, Maharashtra, Uttar Pradesh, Telangana, Andhra Pradesh, Bihar and Karnataka have a legislative council.

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