Legislative Council in States: Issues & Way Forward
It is high time the colonial institution of the governor is reined in
Note4Students
From UPSC perspective, the following things are important :
Prelims level: governor topic
Mains level: accountability and balance to the role of governors
Central idea
The article delves into the persistent constitutional challenges posed by the role of governors in India, emphasizing historical debates, predicting issues realized over time, and proposing judicial and constitutional solutions for effective governance and accountability.
Key Highlights:
- Governor’s Constitutional Role: The article highlights the constitutional concerns regarding the role of governors in Indian states, emphasizing their appointed nature and potential overreach in state matters.
- Recent Instances in Tamil Nadu: Specific instances in Tamil Nadu, where Governor R N Ravi returned bills for assent and delayed decisions, serve as examples of the ongoing issues related to gubernatorial powers.
- Constitutional Design Critique: The piece delves into the historical debates in the Constituent Assembly, expressing concerns raised by members like Dakshayani Velayudhan about the replication of colonial structures and the centralized nature of power.
- Unaddressed Predictions: The article points out that predictions made during the Constituent Assembly debates about potential misuse of gubernatorial powers have materialized, with governors often serving as agents of the Union government.
Challenges:
- Appointment and Removal Disparities: It highlights the disparities between the appointment and removal processes of the President and the Governor, suggesting a lack of checks and balances for governors’ actions.
- Perverse Incentives: The piece discusses the perverse incentives for governors, as they are secure in their positions as long as they align with the Union government, potentially leading to undue interference in state affairs.
Key Phrases:
- Colonial Legacy of Governors: The article stresses the continuation of the colonial institution of governors, raising questions about its relevance in an independent India.
- Powers and Accountability: It explores the imbalance in powers and accountability between the President and the Governor, pointing out the governor’s vulnerability to the Union government’s preferences.
Analysis:
- Judicial Intervention: The piece acknowledges the increasing judicial intervention to address governors’ conduct but questions the need for repeated court interventions and calls for a more sustainable solution.
- Constitutional Reform Proposal: While presenting a constitutional reform proposal from “Heads Held High,” the article suggests making governors accountable to state legislatures through election and impeachment, mirroring the President’s accountability to the Union Parliament.
Way Forward:
- Viable Alternatives: Instead of outright abolition, the article advocates for viable alternatives such as judicial scrutiny and comprehensive constitutional reforms to bring accountability and balance to the role of governors.
- State Legislature Accountability: Proposing a way forward, the article suggests a model where governors are made accountable to state legislatures through election and impeachment, akin to the President’s accountability at the national level.
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Legislative Council in States: Issues & Way Forward
Conduct of States Assembly Elections
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Read the attached story
Mains level: States Legislature
The Election Commission of India has announced dates for Assembly elections in Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur.
Why conduct elections even during COVID outbreak?
- Article 172(1) of the Constitution sets a five-year term for each Assembly.
- Any postponement of Assembly elections may result in a situation that denies people of that State the right to elect an accountable government of their choice.
States Legislature : A detail background
- The State Legislative Assembly is a legislative body in the states and union territories of India.
- In the 28 states and 3 union territories with a unicameral state legislature, it is the sole legislative body and in 6 states it is the lower house of their bicameral state legislatures with the upper house being Legislative Council.
- 5 UTs are governed directly by the Union Government of India and have no legislative body.
Term of reference
- Each Member of the Legislative Assembly (MLA) is directly elected to serve 5 year terms by single-member constituencies.
- The Constitution of India states that a State Legislative Assembly must have no less than 60 and no more than 500 members.
- However an exception may be granted via an Act of Parliament as is the case in the states of Goa, Sikkim, Mizoram and the union territory of Puducherry which have fewer than 60 members.
- A State Legislative Assembly may be dissolved in a state of emergency, by the Governor on request of the Chief Minister, or if a motion of no confidence is passed against the ruling majority party or coalition.
State Executive
- State Executive consists of Governor and the Council of Ministers with the Chief Minister as its head.
- Executive power of the state is vested in Governor.
- He/She is appointed by the President for a term of five years and holds office during his pleasure.
- Only Indian citizens above 35 years of age are eligible for appointment to this office.
- The Chief Minister is appointed by the Governor, who also appoints other ministers on the advice of the CM.
Powers and Functions
State legislature has exclusive powers over subjects enumerated in the State List and Concurrent Lists (List II of the Seventh Schedule) of the Constitution and concurrent powers over those enumerated in sub List III.
(1) Regarding Ordinary Laws
- Ordinary bills can be introduced in either of the two houses in case the State Legislature is bicameral, however, the Money Bill has to initially be introduced in the Vidhan Sabha.
- The State Legislature can formulate laws on the subject of State and Concurrent Lists.
- However, in case there is any contradiction between the Union and State law, the law decided by the Parliament shall prevail.
(2) Financial Powers
- Financial powers of legislature include authorization of all expenditure, taxation and borrowing by the state government.
- The Legislative Assembly alone has the power to originate money bills.
- The Legislative Council can only make recommendations in respect of changes it considers necessary within a period of fourteen days of the receipt of money bills, which can accept or reject these recommendations.
Role of Governor
- The Governor of a state may reserve any Bill for the consideration of the President.
- No Bills seeking to impose restrictions on inter-state trade can be introduced in a state legislature without the previous sanction of the President.
Try this PYQ:
Q. Which one of the following suggested that the Governor should be an eminent person from outside the State and should be a detached figure without intense political links or should not have taken part in politics in the recent past?
(a) First Administrative Reforms Commission (1966)
(b) Rajamannar Committee (1969)
(c) Sarkaria Commission (1983)
(d) National Commission to Review the Working of the Constitution (2000)
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Legislative Council in States: Issues & Way Forward
West Bengal to set up Legislative Council
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Legislative Council
Mains level: Need for LCs
The West Bengal Assembly has passed a resolution to set up Legislative Council with a two-thirds majority.
What is a State Legislative Council?
- The SLC is the upper house in those states of India that have a bicameral state legislature; the lower house being the State Legislative Assembly.
- As of Jan 2020, 6 out of 28 states have a State Legislative Council. These are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh The latest state to have a council is Telangana.
Why need another house?
- The Legislative Council has three main functions: to represent the people, to legislate and to scrutinise the executive government as a ‘House of review’.
- The Legislative Council provides an alternative and complementary system of representation to that of the Legislative Assembly.
Creation and abolition
- According to Article 169, the Parliament can create or abolish the SLC of a state if that state’s legislature passes a resolution for that with a special majority.
- The existence of an SLC has proven politically controversial.
- A number of states that have had their LCs abolished have subsequently requested its re-establishment; conversely, proposals for the re-establishment of the LC for a state have also met with opposition.
Its composition
- The size of the SLC cannot be more than one-third of the membership of the State Legislative Assembly.
- However, its size cannot be less than 40 members.
- These members elect the Chairman and Deputy Chairman from the Council.
MLCs are chosen in the following manner:
- One third are elected by the members of local bodies such as municipalities, gram panchayats, Panchayat samitis and district councils.
- One third are elected by the members of the Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
- One sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
- One twelfth are elected by graduates of three years’ standing residing in that state.
- One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.
Answer this PYQ in the comment box:
Q.Consider the following statements:
- The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.
- The Governor of a State nominates the Chairman of Legislative Council of that particular State.
Which of the statements given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Powers and functions
- The Constitution of India gives limited power to the State Legislative Council.
- The State Legislative Council can neither form nor dissolve a state government.
- The State Legislative Council also have no role in the passing of money bills.
- But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status as Cabinet Ministers in the state.
Issues with LC
- It was argued that a second House can help check hasty actions by the directly elected House, and also enable non-elected persons to contribute to the legislative process.
- However, it was also felt that some of the poorer states could ill afford the extravagance of two Houses.
- It has been pointed out that the Councils can be used to delay important legislation and to park leaders who have not been able to win an election.
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Legislative Council in States: Issues & Way Forward
West Bengal government to set up a Legislative Council
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Legislative council
Mains level: Need for creation of LCs
The West Bengal government will set up a Legislative Council (Vidhan Parishad), as per a decision taken up at the Cabinet meeting chaired by its Chief Minister.
What is a State Legislative Council?
- The SLC is the upper house in those states of India that have a bicameral state legislature; the lower house being the State Legislative Assembly.
- As of Jan 2020, 6 out of 28 states have a State Legislative Council. These are Andhra Pradesh, Karnataka, Telangana, Maharashtra, Bihar, and Uttar Pradesh The latest state to have a council is Telangana.
Creation and abolition
- According to Article 169, the Parliament can create or abolish the SLC of a state if that state’s legislature passes a resolution for that with a special majority.
- The existence of an SLC has proven politically controversial.
- A number of states that have had their LCs abolished have subsequently requested its re-establishment; conversely, proposals for the re-establishment of the LC for a state have also met with opposition.
Its composition
- The size of the SLC cannot be more than one-third of the membership of the State Legislative Assembly.
- However, its size cannot be less than 40 members.
- These members elect the Chairman and Deputy Chairman from the Council.
MLCs are chosen in the following manner:
- One third are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.
- One third are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
- One sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
- One twelfth are elected by persons who are graduates of three years’ standing residing in that state.
- One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.
Answer this PYQ in the comment box:
Q.Consider the following statements:
- The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.
- The Governor of a State nominates the Chairman of Legislative Council of that particular State.
Which of the statements given above is/are correct?
(a) Only 1
(b) Only 2
(c) Both 1 and 2
(d) Neither 1 nor 2
Powers and functions
- The Constitution of India gives limited power to the State Legislative Council.
- The State Legislative Council can neither form nor dissolve a state government.
- The State Legislative Council also have no role in the passing of money bills.
- But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status as Cabinet Ministers in the state.
Issues with LC
- It was argued that a second House can help check hasty actions by the directly elected House, and also enable non-elected persons to contribute to the legislative process.
- However, it was also felt that some of the poorer states could ill afford the extravagance of two Houses.
- It has been pointed out that the Councils can be used to delay important legislation and to park leaders who have not been able to win an election.
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Legislative Council in States: Issues & Way Forward
Legislative Councils and its abolition
Note4Students
From UPSC perspective, the following things are important :
Prelims level: Legislative Councils
Mains level: Need for Legislative Councils
The Andhra Pradesh Assembly recently passed a resolution to abolish the state’s Legislative Council (LC).
Legislative Councils
- The LC or Vidhan Parishad is the upper house in those states that have a bicameral legislature; the lower house being the State Legislative Assembly.
- Its establishment is defined in Article 169 of the Constitution of India.
- Each Member of the State LC serves for a six-year term, with terms staggered so that the terms of one third of a State Legislative Council’s membership expire every two years.
- This arrangement parallels that for the Rajya Sabha, the upper house of the Parliament of India.
- Q member of LC must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters’ list of the state for which he or she is contesting an election.
- Under Article 171, a Council cannot have more than a third of the number of MLAs in the state, and not less than 40 members.
Representation in an LC
MLCs are chosen in the following manner:
- One third are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.
- One third are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
- One sixth are nominated by the governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social service.
- One twelfth are elected by persons who are graduates of three years’ standing residing in that state.
- One twelfth are elected by persons engaged for at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.
Abolition of LC
- Article 169(1) of the Constitution allows Parliament to either create or abolish a Council in a state “if the Legislative Assembly of the State passes a resolution to that effect.
- The resolution must by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
Councils in the Constitution
- Under Article 168, states can have either one or two Houses of legislature. Article 169 leaves the choice of having a Vidhan Parishad to individual states.
- The Constituent Assembly was divided on having a second chamber in the states.
- It was argued that a second House can help check hasty actions by the directly elected House, and also enable non-elected persons to contribute to the legislative process.
- However, it was also felt that some of the poorer states could ill afford the extravagance of two Houses.
- It has been pointed out that the Councils can be used to delay important legislation, and to park leaders who have not been able to win an election.
Councils in other states
- Besides Andhra Pradesh, five other states have Vidhan Parishads — Bihar (58 members), Karnataka (75), Maharashtra (78), Telangana (40), UP (100).
- Jammu and Kashmir had a Council until the state was bifurcated into the Union Territories of J&K and Ladakh.
- In 1986, the M G Ramachandran government in Tamil Nadu abolished the Council.
- The DMK government passed a law revives it, but the subsequent J Jayalalithaa-led government withdrew it after coming to power in 2010.
- The Odisha Assembly has passed a resolution for a Legislative Council. Proposals to create Councils in Rajasthan and Assam are pending in Rajya Sabha.
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