Indian governance system has the provision of a bicameral system, i.e. two houses at the parliament. Upper house i.e. Rajya sabha and the lower house i.e. Lok sabha. Similarly, at the state level, the equivalent of the lower house is vidhan sabha or legislative assembly and that of upper house is legislative council or vidhan parishad. Article 169 of the constitution gives the provision for creation and abolition of legislative council in the states.
Need of legislative councils-
• It allows some leaders, professors, and other people who don’t participate in elections top articipate in legislative process.
• It also helps to formulate better and detailed discussed legislation.
• Upper House consists of representatives like- graduates, teachers, outstanding persons in the fields of art, literature, science and social service, brings in more representation in the lower house.
• Having a second house at state level would allow for more debate and sharing of work between the Houses.
Why legislative councils are not effective-
• Increased Vested Interests: Legislative Council serves as a strong arena of vested interests of people, who are not interested in legislation. Also, they may block such legislation initiated by popularly elected Legislative Assembly.
• Considered as backdoor Entrance of the Defeated Members: Legislative Council can be utilised to accommodate discredited party-members who may not be returned to the Assemblies through election.
• Double edged sword: 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 for-show chamber.
Whereas, if two different parties are in majority, the upper house will delay the bills for longer time unnecessarily. Thus, its role may become nasty and obstructive.
• Not an Effective Check: Powers of the Legislative Councils are largely limited and hardly impose any effective check on the Assemblies. In majority of the cases, whether a Bill is approved by the Council or not, assembly can still go ahead after four months.
• Expensive Institution: It is very expensive and is a big drain on the State’s exchequer.
The second houses in our States have proved to be merely ornamental which a burden on public money is. Along hand members of the Legislative Council also owe allegiance to some party or the other and eventually act according to the dictates of the respective party to which they belong. Legislative councils should be a responsible body that can also form their part in policies and programmes for the development of states.