Current Affairs

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.

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