Legislative Councils in India: Role, Composition, Powers and Reforms

After Reading This Article You Can Solve This UPSC Mains Model Question:

Legislative Councils are intended to function as revising chambers rather than competing legislative institutions. Examine their constitutional position, significance and limitations. Discuss the reforms required to make them more effective. 15 Marks (GS 2, Polity)

Introduction

India follows a bicameral parliamentary system at the Union level but allows States the flexibility to adopt either a unicameral or bicameral legislature. A Legislative Council (Vidhan Parishad) is the Upper House of a State Legislature, envisaged as a revising chamber that acts as a check and balance on the Legislative Assembly, prevents hasty legislation and promotes informed deliberation.

Constitutional basis of Legislative Councils

• Article 168: Provides for bicameral legislatures in certain States, consisting of the Legislative Assembly and Legislative Council.
• Article 169: Empowers Parliament to create or abolish a Legislative Council.
  • The State Legislative Assembly must first pass a resolution by a special majority:
    • Majority of the total membership of the Assembly.
    • Not less than two-thirds of members present and voting.
  • Parliament can then pass a law by a simple majority. This is not treated as a constitutional amendment under Article 368.
• Article 171: Deals with the composition of Legislative Councils.
• Article 172: Provides for the duration of the Legislative Council.
• Article 173: Prescribes qualifications for membership.

Significance of Legislative Councils

1. Check and balance on legislative power

• Acts as an institutional check on the Legislative Assembly against hasty or arbitrary law-making.
• Encourages reconsideration of legislation driven by immediate political considerations or majoritarian impulses.

2. Enactment of quality laws

• Provides an additional layer of legislative scrutiny through detailed examination, debate and reconsideration of bills.
• Helps identify legislative gaps, implementation challenges and unintended consequences before enactment.

3. Expert and specialised representation

• Enables academics, professionals and distinguished individuals to contribute to legislative deliberations.
• Governor’s nominations provide opportunities for individuals with expertise in literature, science, art, cooperative movement and social service.

4. Continuity and institutional memory

• Being a permanent House, it preserves legislative experience and institutional knowledge.
• One-third retirement every two years ensures continuity in legislative functioning.

5. Representation of diverse interests

• Provides representation to local authorities, teachers and graduates, bringing perspectives beyond conventional electoral politics.
• Can connect grassroots governance concerns with State-level policy-making.

6. Strengthening democratic decentralisation

• Representation of local bodies creates an institutional channel for raising municipal and local developmental concerns.
• Can strengthen the relationship between State legislatures and grassroots democratic institutions.

Powers of Legislative Councils vis-à-vis Legislative Assemblies

A. Legislative powers

• An ordinary bill can originate in either House of the State Legislature. However, the Council can only delay the passage of an ordinary bill; it cannot permanently veto it.
• If the Council rejects, amends or delays a bill passed by the Assembly:
  • During the first passage, the Council can delay it for a maximum of three months.
  • When the Assembly passes the bill again, the Council can delay it for a maximum of one month. Thus, the maximum delay is four months.
• There is no provision for a joint sitting to resolve a deadlock between the two Houses.

B. Financial powers

• A Money Bill can originate only in the Legislative Assembly.
• The Council can make recommendations on a Money Bill within 14 days.
• The Assembly may accept or reject these recommendations.
• If the Council does not return the bill within 14 days, it is deemed to have been passed by both Houses in the form approved by the Assembly.
• The Council cannot vote on Demands for Grants.

C. Executive powers

• Ministers, including the Chief Minister, can be appointed from either House.However, the Council cannot remove the State Government through a no-confidence motion.
• The Council can question ministers, participate in discussions and scrutinise government policies.

D. Electoral and constitutional functions

• Members of the Legislative Council do not participate in the election of the President of India.
• They do not participate in the election of Rajya Sabha members or the impeachment of the President.

Issues and challenges associated with Legislative Councils

1. Backdoor entry of unsuccessful candidates

• Legislative Councils can become a route for political rehabilitation of candidates who have failed to secure election to the Legislative Assembly.
• This may undermine electoral accountability and convert the Council into an instrument of political accommodation.

2. Politicisation of institutional structure

• Decisions regarding creation and abolition have often reflected the political interests of ruling parties rather than institutional requirements.
• Example: Tamil Nadu’s Legislative Council was abolished in 1986, while the proposal for its revival was subsequently reversed in 2011.

3. Limited legislative effectiveness

• The Assembly can ultimately override the Council’s objections.
• Its inability to permanently veto ordinary legislation raises questions about its effectiveness as a meaningful check and balance.

4. Financial and administrative burden

• Maintaining an additional House increases expenditure on salaries, allowances, infrastructure and administrative arrangements.
• This raises concerns about whether the additional expenditure translates into improved legislative outcomes.

5. Questions over representativeness

• Indirect elections may create a democratic deficit compared with the directly elected Assembly.
• Separate constituencies for graduates and teachers have also been criticised as outdated and insufficiently representative of contemporary society.

6. Political patronage in nominations

• Gubernatorial nominations may be influenced by partisan considerations rather than the objective of securing specialised expertise.
• This weakens the original constitutional intention of bringing distinguished individuals into legislative deliberations.

7. Lack of uniform institutional rationale

• There is no consistent framework to determine which States require bicameral legislatures.
• Consequently, the existence of Legislative Councils often depends on political circumstances rather than administrative or legislative needs.

Recommendations of the Second Administrative Reforms Commission (2007)

• Council of Local Governments: Parliament may provide for the creation of Legislative Councils in all States as representative bodies of local governments.
• Strengthening local representation: Members should be elected primarily by representatives of local bodies, ensuring greater participation of grassroots institutions in State-level law-making.
• Abolition of separate graduate and teacher constituencies: Given the expansion of literacy and education, the ARC questioned the continuing relevance of these separate electorates.
• Institutional empowerment: Legislative Councils should function as platforms for articulating local developmental concerns and strengthening democratic decentralisation.

Way Forward

1. Establish objective criteria for creation and abolition: Decisions under Article 169 should be guided by legislative requirements, administrative capacity, population diversity and governance needs rather than partisan considerations.

2. Strengthen legislative scrutiny: Institutionalise subject-specific committees, expert consultations and impact assessments to ensure better examination of bills and enactment of quality laws.

3. Prevent political rehabilitation: Ensure that nominations and indirect elections uphold the constitutional purpose of expert and diverse representation rather than facilitating backdoor entry of unsuccessful candidates.

4. Promote meaningful representation: Reconsider the composition of Councils to provide greater representation to local governments, marginalised communities and domain experts.

5. Improve accountability and transparency:

• Ensure transparent nomination by Governors based on the constitutional criteria under Article 171.
• Strengthen legislative research support and public consultation mechanisms.

6. Implement suitable ARC recommendations: Re-examine the proposal to transform Legislative Councils into effective platforms for local government representation.

Conclusion

Legislative Councils uphold deliberative democracy by ensuring informed scrutiny, acting as a check and balance, and promoting quality legislation. Reforms must strengthen their role as institutions of legislative wisdom rather than political accommodation.

Important Current to Concept From This Article for UPSC Legislative Council (Vidhan Parishad) Demands for Grants