Legislative Councils
Legislative Councils
On what grounds the Legislative Councils are justified? How is it created or abolished in a State? (UPSC 1998) (GS2)(12 MARKS)
Legislative Councils, also known as Vidhan Parishads, are justified and established based on several grounds.
Justifications for Legislative Councils:
- Representation of Diverse Interests: Legislative Councils provide a platform for the representation of diverse interests within the state, including experts, professionals, and nominated members. This ensures that a wide range of perspectives is considered in the legislative process.
- Second Chamber Function: Similar to the Rajya Sabha at the national level, Legislative Councils act as a revising chamber for legislation. They allow for a more thorough examination and review of bills before they are enacted into law, contributing to better legislative outcomes.
- Stability and Continuity: Members of Legislative Councils serve longer terms (typically six years with staggered retirements), providing stability and continuity in governance and legislative matters even as elections to the Legislative Assembly may lead to changes in its composition.
- Specialized Knowledge: Legislative Councils often include members with specialized knowledge, expertise, and experience in various fields such as education, science, arts, literature, social service, and others. This enriches legislative debates and decision-making processes.
- Checks and Balances: By functioning as an additional house in the state legislature, Legislative Councils contribute to a system of checks and balances. They help prevent hasty decision-making, promote deliberation, and ensure that laws are well-considered and balanced.
Creation or Abolition Process of Legislative Councils:
Creation: (ARTICLE 171)
- State Legislative Initiative: The creation of a Legislative Council begins with a resolution passed by the State Legislative Assembly (Vidhan Sabha) with a two-thirds majority. This resolution recommends the establishment of a Legislative Council.
- Parliamentary Approval: The resolution passed by the state legislature is then forwarded to the Parliament of India for approval through a Constitutional Amendment Bill. Both houses of Parliament (Lok Sabha and Rajya Sabha) must pass the bill with a special majority.
- President's Assent: Once the Constitutional Amendment Bill is approved by Parliament, it is sent to the President of India for assent. The President's assent is necessary for the creation of the Legislative Council, and upon receiving it, the Council is established.
Abolition: (ARTICLE 169)
- State Legislative Initiative: Similarly, the abolition of a Legislative Council begins with a resolution passed by the State Legislative Assembly (Vidhan Sabha) with a two-thirds majority. This resolution recommends the abolition of the Legislative Council.
- Parliamentary Approval: The resolution for abolition is then sent to the Parliament of India for approval through a Constitutional Amendment Bill. Both houses of Parliament (Lok Sabha and Rajya Sabha) must pass the bill with a special majority.
- President's Assent: After the Constitutional Amendment Bill is approved by Parliament, it is sent to the President of India for assent. The President's assent is necessary for the abolition of the Legislative Council, and upon receiving it, the Council is abolished.
Considerations:
- Political Consensus: The decision to create or abolish a Legislative Council requires political consensus within the state legislature.
- Public Opinion: Public opinion and stakeholder views should be considered, as the existence or absence of a Legislative Council impacts the democratic process and governance structure.
- Constitutional Compliance: The creation or abolition process must adhere to constitutional provisions and procedures outlined in the Indian Constitution.
- Historical Context: The historical context and specific needs of the state regarding legislative representation and governance should also be taken into account.
Overall, the creation or abolition of a Legislative Council involves a constitutional process that requires legislative support, parliamentary approval, and presidential assent, ensuring adherence to democratic principles and constitutional provisions.