UPSC Previous Year Question | Mains GS2 | 2021

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

Answer

Introduction

Article 169 permits Parliament to create or abolish a State Legislative Council when the concerned Assembly passes a special majority resolution; Parliament’s law is not a constitutional amendment.

Constitutional Design

Constitutional design

  • Article 171 provides a mixed composition: local bodies, graduates, teachers, MLAs and Governor-nominated experts.
  • The Council is a permanent chamber with one-third members retiring every two years; its size is capped relative to the Assembly and has a minimum.
  • It can delay, revise and scrutinise ordinary bills but cannot permanently block money bills or a government enjoying Assembly confidence.

Working And Status

Working and status

  • It offers representation to local government, expertise and continuity, and can improve legislative review.
  • Critics cite expenditure, political rehabilitation and potential obstruction; effectiveness varies with committee quality and party conduct.
  • States such as Andhra Pradesh, Telangana, Karnataka, Maharashtra, Uttar Pradesh and Bihar have Councils, while others have abolished or sought to create them.

Keywords

Keywords: constitutional values; governance; public institutions; accountability; inclusive development.

Topics: federal institutions, legislative councils, polity and governance, state legislature