Published on: May 23, 2021



Recent news : West Bengal assembly approved the setting up of a Legislative Council in the state.  West Bengal’s Legislative Council was abolished 50 years ago by a coalition government of Left parties.

How is a council created :

Under Article 169 of the constitution, “Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority”

Functions of a Legislative council :

  • The functions of the states’ Legislative Council are only advisory in nature. If any Bill is passed by the Legislative Assembly and sent to the Council, and the Council refuses to give its approval, then the Assembly has the right to reconsider it.
  • The assembly may pass it with or without the amendments proposed by the Council, and again send it to the Council.
  • When a bill approved by the Assembly is sent to the Council for the first time, it may retain it for three months, but in the case when it is sent for the second time and is kept in the Council for one month only, the bill is deemed as having been passed.

Additional information :

  • Six States having a Legislative Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka.
  • Recently, the Jammu & Kashmir Legislative Council has been abolished
  • Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members.