Que. Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (250 words, 15 Marks)

UPSC CSE : 2021

Answer: 

Approach:

Introduction

  • Introduce the concept of bicameral legislatures in India, with a focus on Legislative Councils, and provide examples of states with such Councils.

Body

  • Discuss the constitutional provisions related to the establishment of Legislative Councils.
  • Examine the working and functions of Legislative Councils.
  • Assess the current status of Legislative Councils, using relevant examples from states.

Conclusion

  • Conclude, acknowledge the ongoing debate surrounding their necessity and relevance.

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.

Know about Physics Wallah

Physics Wallah is an Indian online education platform, that provides accessible & comprehensive learning experiences to students of classes 6 to 12 and those preparing for JEE and NEET exams. We also provide extensive NCERT solutions, sample papers, NEET, JEE Mains, BITSAT previous year papers, which makes us a one-stop solution for all resources. Physics Wallah also caters to over 3.5 million registered students and over 78 lakh+ Youtube subscribers with 4.8 rating on its app.

We Stand Out because

We successfully provide students with intensive courses by India's qualified & experienced faculties. PW strives to make the learning experience comprehensive and accessible for students of all sections of society. We believe in empowering every single student who couldn't dream of a good career in engineering and medical field earlier.

Our Key Focus Areas

Physics Wallah’s main focus is to create accessible learning experiences for students all over India. With courses like Lakshya, Udaan, Arjuna & many others, we have been able to provide a ready solution for lakhs of aspirants. From providing Chemistry, Maths, Physics formulae to giving e-books of eminent authors, PW aims to provide reliable solutions for student prep.

What Makes Us Different

Physics Wallah strives to develop a comprehensive pedagogical structure for students, where they get a state-of-the-art learning experience with study material and resources. Apart from catering students preparing for JEE Mains and NEET, PW also provides study material for each state board like Uttar Pradesh, Bihar, and others.

Aiming for UPSC?

Download Our App

# #
Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

<div class="new-fform">






    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.