2021 GS2 Answer

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

Question from UPSC Mains 2021 GS2 Paper

Model Answer: 

Parliament and State Legislative Councils

Parliament, under Article 169, can abolish or create a legislative council 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. Article 171 provides for the Composition of council.

Utility of State Legislative Councils

Bringing diverse opinion on policy making ; Functional representation of various groups [e.g., teachers, graduates, local representatives], thus enable non-elected persons to contribute to the legislative process.

Check hasty legislations by Legislative assemblies + prevent them from exercising too much legislation or executive authority.

Nominated members who are apolitical background bring extra wisdom and provides forum for intellectuals and academicians who are not suited for electoral politics.

Brings pressure on Legislative assembly for policy making.

Concerns with Legislative Councils

  • They can be created and abolished by Union parliament by a simple majority.
  • Their recommendations are not binding on assembly + became back door for failed politicians.
  • Burden on public exchequer.
  • Representing graduates in the house has outlived its utility.
  • Politicization in selecting nominated members.
  • Can create delay in policy making.
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