Answer: 

Introduction:

India’s federal system features a bicameral legislature in certain states, with an Upper House called the Legislative Council, or Vidhan Parishad, complementing the Lower House or Legislative Assembly. States such as Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have Legislative Councils, which are established under specific constitutional provisions.

Body:

• Constitutional provisions for the establishment of Legislative Councils:
  • Article 169 of the Indian Constitution empowers Parliament to create or abolish Legislative Councils in states if the Legislative Assembly of the concerned state passes a resolution by a majority of the total membership and not less than two-thirds of the members present and voting.
  • The composition and members of the Legislative Council are defined under Article 171 of the Indian Constitution. A Legislative Council should not have more than one-third of the total number of members in the Legislative Assembly of the state, and not less than 40 members.
  • Members of the Legislative Council are elected through various methods, including indirect elections by the members of the Legislative Assembly, by electorates consisting of members of local authorities, by graduates of at least three years’ standing, by teachers with at least three years’ experience, and by the Governor through nomination.
• Working of Legislative Councils:
  • Legislative Councils play a role in the legislative process by reviewing and scrutinizing bills passed by the Legislative Assembly.
  • However, the powers of the Legislative Council are limited in comparison to the Legislative Assembly. While the Council can recommend amendments or delay the passage of a bill, it cannot permanently block a bill. If a bill is rejected or not passed within a specific period, the Legislative Assembly may pass the bill again, and it would be deemed to have been passed by both Houses.
  • Legislative Councils cannot initiate or reject Money Bills. They can only recommend amendments, which the Legislative Assembly may choose to accept or reject.
• Current status and illustrations:
  • As of now, six states in India have bicameral legislatures with Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
  • The recent example of Jammu and Kashmir can be cited, where the Legislative Council was abolished when the state was reorganized into a Union Territory in 2019.
  • There have been ongoing debates about the necessity and relevance of Legislative Councils in various states. Some argue that they serve as a check on hasty legislation and provide representation for various interest groups, while others contend that they are an unnecessary burden on state exchequers and often delay the legislative process.

Conclusion:

The ongoing debate surrounding the necessity and relevance of Legislative Councils highlights the complexities of balancing diverse interests and effective governance within the Indian federal structure.

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