Current Affairs

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.

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