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 Amidst the rising demands of creation of legislative councils by several states, critically evaluate the necessity of having a second chamber. 

  • Category
    GS -II
  • Published
    2019-08-21 12:50:00
  • Evaluated
    Yes
  • Topic: Legislative council

Approach:

  1. Introduction on legislative councils
  2. Mention all the states with legislative councils along with its constitutional provisions
  3. Arguments against and for legislative council
  4. Free and balanced conclusion on the given issue.

Hint (Since the idea is to cover the whole dimensions of the issue, no regard for word limit has been followed in the following hint/model answer. Candidates are requested to wisely use the model answer only as a reference and pick up the important pointers for their answers.)

Model Answer

Background

  • Bicameralism is the practice of having two Houses of Parliament. At the State level, the equivalent of the Lok Sabha is the Vidhan Sabha (Legislative Assembly), and that of the Rajya Sabha is the Vidhan Parishad (Legislative Council).
  • Upper House is considered important in the parliamentary system, as only a third of the seats are filled every two years and it therefore acts as a check against potential impetuousness of electoral majorities in the Lower House.
  • With members mostly indirectly elected, the Upper House also ensures that individuals who might not be cut out for the rough-and-tumble of direct elections too are able to contribute to the legislative process.
  • Under Article 169, 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.
  • At present, six Indian States have bicameral legislatures. Some argue that unlike the RajyaSabha, the Vidhan Parishad does not serve its purpose and poses a strain on States’ finances.

States with legislative councils

  • Currently, six states have Legislative Councils. Jammu and Kashmir too had one, until the state was bifurcated into the Union Territories of J&K and Ladakh.



  • The Odisha Assembly recently passed a resolution for a Legislative Council. Proposals to create Councils in Rajasthan and Assam are pending in Parliament.

Constitutional provisions

  • Article 171 of the Constitution provides option for a state to have a Legislative Council in addition to its Legislative Assembly.
  • As in Rajya Sabha, members of a Legislative Council are not directly elected by voters.
  • Manner of Election Of the total number of members of a legislative council:
  1. 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.
  2. 1/12 are elected by graduates of three years standing and residing within the state
  3. 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,
  4. 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly, and
  5. The remainder is nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.

Thus, 5/6 of the total number of members of a legislative council is indirectly elected and 1/6 is nominated by the governor.

  • Procedure - Under Article 169, a Legislative Council can be formed “if the Legislative Assembly of the State passes a resolution to that effect 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”. Parliament can then pass a law to this effect.

Arguments against Legislative Councils

  • Accommodating various political interests– parties need into accommodate people who cannot be elected and are not nominated to other corporations or State bodies.
  • It can be used to provide unnecessary delay without serving any purpose as ultimate authority lies with the state assembly.
  • It is an unnecessary drain on the exchequer expenditure and becomes an unnecessary luxury for defeated candidates of the ruling party.
  • Also graduates are no longer a rare breed; also, with dipping educational standards, a graduate degree is no guarantee of any real intellectual heft. And then again, why should graduates be privileged as people’s representatives in a democracy?
  • Legislatures draw their talent both from the grassroots level and the higher echelons of learning. There are enough numbers of doctors, teachers and other professionals in most political parties today.

Arguments in favour of Legislative Councils

  • A second House can help check hasty actions by the directly elected House, and also enable non-elected individuals to contribute to the legislative process
  • It thus at least on paper, it provides a mechanism for a more sober and considered appraisal of legislation that a State may pass and act as a revising chamber.
  • Sending legislation to the other house would involve some delay in the passing of a bill, and would ensure that there will be adequate time to scrutinize legislation before it is passed
  • It provides a forum for academicians and intellectuals, who are arguably not suited for the rough and tumble of electoral politics.
  • It thus provides wiser counsel to the State assemblies by including experts in Legislative council.
  • Members of various communities and ethnic groups which could not be sent to the Assembly could be accommodated in the council for fair representation.

Way Forward

  • Legislative Councils are subject to varied and inconclusive discussions around their creation, revival and abolishment from time to time whenever a state demands it.
  • A national policy on having an Upper House in State legislatures is needed to be framed by the Union government, so that a subsequent government doesn’t abolish it.
  • This would mean asking the following types of questions: how much of a difference have legislative councils made in the widening of representation in large states? Is there any evidence that having a legislative council positively impacts the quality of governance and law-making in any state?

Procedure of Answer Writing:

To participate in the answer writing program, Register yourself for the test. Copies will be evaluated only for the registered students. Registration will be closed after the scheduled date.

Answer Writing, Copy Evaluation, and Marks Improvement Cycle:

Step 1 (Theme, Details & Its Topics):

  1. Every round of Answer writing initiative will be around a theme related to the Subject/Topic.
  2. Please read the theme and its description, and try to cover the topics given within the theme before writing the answer along with the sources.

Step 2 (Answer Writing):

  1. Questions will be uploaded on the portal on the scheduled date at 7:00 AM.
  2. You have to write your answers on an A4 size sheet leaving margins on both sides based on the UPSC pattern.
  3. Mention your name, email id, location, and phone number on the 1st page in the top right corner and the page number on each page.
  4. After writing the answers, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload them in the upload section of the same question.
  5. Kindly submit your written answers before 7:00 PM. Only the first 100 copies will be considered for evaluation. No request for late submission or evaluation will be entertained once the 100 mark is reached.

Note: Answer sheets without the proper guidelines given above will not be accepted for evaluation.

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Note: You have to write your answers on an A4 size sheet leaving margins on both sides based on UPSC pattern. Mention Your Name on 1st page and Page Number on each page. After writing the answer, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload in the Your Answer Copy section of the same question.

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