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

Model Answer: 

Constitutional Provisions, Working, and Status of Legislative Councils

Legislative Councils, the upper houses in some state legislatures, are established under specific constitutional provisions. This answer examines these provisions, reviews their functioning, and assesses their current status.

Constitutional Provisions:

• Article 169 empowers Parliament to create or abolish Legislative Councils in states.
• The process requires a state assembly resolution passed by a special majority.
• Article 171 outlines the composition:
– Total members not exceeding 1/3rd of the assembly strength
– 1/3rd elected by local bodies
– 1/12th by graduates
– 1/12th by teachers
– 1/3rd nominated by the Governor
– Remaining elected by assembly members

Working of Legislative Councils:

• Act as a check on hasty legislation
• Provide a forum for experienced individuals (e.g., Manmohan Singh in Assam)
• Can initiate non-money bills and suggest amendments
• Limited powers:
– Cannot vote on money bills
– Can only delay legislation for a maximum of four months

Current Status and Illustrations:

• Six states currently have Legislative Councils:
– Bihar, Karnataka, Maharashtra, Telangana, Uttar Pradesh, Andhra Pradesh
• Recent developments:
– Jammu and Kashmir’s council abolished in 2019
– West Bengal passed resolution to establish council (2019)
– Andhra Pradesh assembly passed resolution to abolish council (2020)
• Debates on relevance:
– Proponents argue for diverse representation (e.g., experts in education)
– Critics cite additional costs and potential for political maneuvering

Challenges:
• Delayed constitution in some states (e.g., Telangana)
• Concerns about becoming “rehabilitation centers” for politicians
• Questions about effectiveness in improving legislation quality

Conclusion:
Legislative Councils remain a topic of debate, balancing diverse representation against concerns of efficiency and political misuse in India’s federal structure.