The Role and Status of Legislative Council: A Comparative Analysis

Introduction

The legislative council serves as a forum for thorough examination, review, and refinement of legislation proposed by the lower house, known as the legislative assembly. Comprising members who may bring diverse perspectives and expertise, the legislative council plays a crucial role in ensuring balanced governance and the enactment of well-considered laws.

Comparison of Powers Between State Assembly and State Council in India

Equal Status with Assembly	Unequal Status with Assembly
Introduction & passage of ordinary bills. In case of disagreement, the will of assembly prevails over council. Approval of ordinances issued by Governor (Art.213). Selection of ministers including CM. Consideration of reports of constitutional bodies like State Finance Commission, CAG. Enlargement of the jurisdiction of the State Public Service Commission.	Money bills introduced only in LA. LC has no power to amend/reject the Money Bill. Only the Speaker decides whether the bill is a money bill or not. Final power of passing ordinary bills lies with the assembly.  Council can only discuss the budget but cannot vote on demands. Council does not participate in the election of the president & RS. Council does not have effective say in the ratification of a constitutional amendment bill. No confidence motion can only be initiated in LA. Existence of the council depends on the will of the assembly.

Role and Significance of Legislative Council in Comparison to Rajya Sabha

• Differential Strength: The position of the assembly is much weaker than the position of the Rajya Sabha in Parliament.
• Comparative Powers of the Rajya Sabha and Lok Sabha: The Rajya Sabha has equal powers with the Lok Sabha in all spheres except financial matters and with regard to the control over the Government.  
• Subordination of the Council to the Assembly: The Council is subordinate to the Assembly in all respects. The predominance of the assembly over the council is fully established. 
• Differential Importance: The constitution has attributed significantly less importance to the council compared to the Rajya Sabha for the following reasons:
  • Federal Role to Rajy sabha: Rajya Sabha maintains the federal equilibrium by protecting the interests of the states against the undue interference of the Centre.
    • It has to be an effective revising body and not just an advisory body or dilatory body like that of the council. 
    • Whereas the issue of federal significance does not arise in the case of a council.
  • Composition Contrast: The legislative council is heterogeneously constituted which weakens its effectiveness as a revising body, unlike the Rajya Sabha, which is homogeneously constituted, representing only states with mainly elected members.  
  • Democratic Principles: The council’s role aligns with democratic principles, where it should defer to the assembly, which represents the popular will. This inter-house dynamic mirrors the British parliamentary model.
  • Criticism of the Council: Considering its feeble and inconsequential role, critics have labeled the council as a “secondary chamber/costly ornamental luxury/white elephant.
    • Critics argue that it often becomes a sanctuary for politicians who have faced defeat in assembly elections.

Justifying the Importance of Legislative Council: A Platform for Revision and Expert Representation

• Despite being endowed with fewer powers compared to the assembly, the council’s importance is justified for the following reasons
• It enables revision and thought on hasty, defective, careless, and ill-considered legislation.
• It facilitates the representation of eminent professionals and experts who cannot face direct elections. 
• Example: The governor nominates one-sixth members of the council to provide representation to such people.

Conclusion

Legislative councils may be criticized for their perceived weaknesses and limited powers, they serve as valuable institutions for revising legislation, providing representation for professionals, experts, and ensuring a more deliberative legislative process.

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