Background
Constitutional provision: Articles 168–172 of the Indian Constitution deal with the structure, creation, composition and tenure of State Legislative Councils.
Historical background: The Government of India Act, 1935 introduced bicameral legislatures in six provinces.
Present status: Six States have Legislative Councils – Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
Nature: Legislative Councils are the Upper Houses of State legislatures, while Legislative Assemblies are the Lower Houses.
Objective: They were envisaged as revising chambers to ensure informed debate, legislative scrutiny and checks against hasty law-making.
Arguments in Favour of Legislative Councils
| Arguments Against Legislative Councils
|
Role and Powers of Legislative Councils
Legislative functions
Acts as a revising chamber to examine bills passed by the Legislative Assembly.
Provides an opportunity for detailed discussion and reconsideration of legislation.
Can suggest amendments and highlight legislative shortcomings.
Representative functions
Provides representation to graduates, teachers and local authorities.
Allows experienced professionals and experts to participate in law-making.
Promotes regional and local interests.
Executive functions
Ministers, including the Chief Minister, can be appointed from the Legislative Council.
Ministers can participate in discussions and answer questions in the House.
Deliberative functions
Provides a platform for informed debate on public policies.
Acts as a check against impulsive and politically motivated legislation.
Financial functions
Money Bills can only be introduced in the Legislative Assembly.
The Council can make recommendations within 14 days.
The Assembly may accept or reject these recommendations.
Challenges
Politicisation: Decisions regarding creation or abolition are often driven by electoral and partisan considerations.
Lack of uniformity: Not all States have Legislative Councils, leading to different institutional arrangements.
Limited accountability: Councils cannot hold the State government accountable in the same manner as Legislative Assemblies.
Weak local representation: Despite representation of local authorities, their interests are not always adequately reflected.
Institutional inefficiency: Concerns regarding attendance, quality of debates and legislative scrutiny affect their credibility.
Unclear institutional purpose: Their role as revising chambers is sometimes overshadowed by political competition.
Recommendations of the Second Administrative Reforms Commission (2007)
Council of Local Governments: Parliament may create Legislative Councils in all States by law and transform them into Councils of Local Governments.
Abolition of separate electorates: The existing graduate and teacher constituencies should be discontinued.
Representation through local bodies: All members of the Legislative Council should be elected solely by representatives of local bodies.
Strengthening decentralisation: Councils should become effective institutions for representing Panchayati Raj Institutions and Urban Local Bodies.
Empowerment of local governance: They should protect local interests and strengthen participatory democracy.
Way Forward
Implement ARC recommendations: Reconsider the composition of Legislative Councils to strengthen local self-government.
Ensure political neutrality: Decisions regarding creation or abolition should be based on objective criteria rather than partisan interests.
Strengthen legislative scrutiny: Establish specialised committees and encourage evidence-based examination of bills.
Enhance transparency: Improve attendance, public participation and accountability of members.
Promote local representation: Ensure meaningful representation of Panchayats and Urban Local Bodies.
Performance-based evaluation: Periodically assess the functioning, expenditure and legislative contribution of Councils.
Define institutional objectives: Clearly establish their role in improving legislative quality and democratic governance.
Conclusion
Legislative Councils have the potential to enhance India’s parliamentary democracy through deliberations, legislative oversight, and representation of various interests. However, the limited powers, high financial cost, and political manipulation make one question the effectiveness of these councils. Hence, rather than seeing these councils purely as tools of politics, reforms along the lines recommended by the Second ARC could make them effective bodies of local governance.
