Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.

India has a bicameral system of legislature. Just as Parliament has two Houses, the states can also have a Legislative Council in addition to the Legislative Assembly through Article 169 of the Constitution.

Article 169 (Creation and Abolition):

• The Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.

• Currently 6 states have legislative councils.

Review of its working:

• Check against Hasty Legislation: It scrutinises the bill passed by legislative assembly.

• Prevent autocracy: It puts a check on autocratic tendencies of the lower chambers.

• Accommodation of Talent: The legislative councils accommodate learned and experienced personalities not only through the nominated quota but also through the quota reserved for teachers and the graduates.

• Reduce workload of legislative assembly: Legislative council lessens the burden of the lower House and enables assembly to fully concentrate on measures of greater importance.

Illustration:

The ruling party in Karnataka was worried to get more seats in the Legislative council during the election because of the fear of non-passing of the anti-conversion bill in council. This shows the Council keeps a check on hasty legislation.

Review of its Criticism:

1. Superfluous and Mischievous: If a majority of the members in the upper house belong to the same party which holds majority in the lower house, the upper house will become a mere ditto chamber.

2. Not an Effective Check: Whether a Bill is approved by the Council or not, assembly can still go ahead after four months.

3. Vested Interests: Legislative Council serves only as a stronghold of vested interests of people, who are not interested in legislation.

4. Backdoor Entrance of the Defeated Members: Legislative Council can be utilised to accommodate discredited party-men who may not be returned to the Assemblies.

5. Expensive Institution: It is expensive and a big drain on the State’s exchequer. 

Illustration:

The Andhra Pradesh Cabinet decided to abolish the legislative council. Because the contentious capital decentralisation bill has been blocked by Telegu Desam party who is in majority in Council. Thus, it looks like an unwanted child in Andhra Pradesh.

The parliamentary committee advocated for the evolution of a national policy for creation/abolition of Legislative Councils. It said, ‘The status of Second Chamber cannot be of temporary nature depending on the mood of the Government of the day nor can be abolished once created, only at the whims and fancy of a newly elected Government in the State.’