Roadmap for Answer Writing
1. Introduction
- Briefly introduce the concept of Legislative Councils (Vidhan Parishads) as part of India’s bicameral legislature.
- State the significance of understanding their constitutional provisions, working, and current status.
2. Constitutional Provisions for Establishment
- Article 169:
- Explain that this article empowers Parliament to create or abolish Legislative Councils in states, contingent upon a resolution passed by the state’s Legislative Assembly.
- Mention the requirement of a majority of total membership and at least two-thirds of members present and voting. (Source: Constitution of India, Article 169.)
- Article 171:
- Discuss the composition of the Legislative Council, emphasizing that it should not exceed one-third of the Legislative Assembly’s total members and must have at least 40 members.
- Outline the methods of electing members (indirect elections, local authorities, graduates, teachers, and gubernatorial nominations). (Source: Constitution of India, Article 171.)
3. Working of Legislative Councils
- Describe the role of Legislative Councils in reviewing and scrutinizing bills passed by the Legislative Assembly.
- Explain their limitations, such as:
- Cannot permanently block bills; can only recommend amendments or delay them.
- Cannot initiate or reject Money Bills, only suggest amendments. (Source: Legislative procedures and rules.)
4. Current Status of Legislative Councils
- List the states with active Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
- Illustrate with recent examples, such as:
- The abolition of the Jammu and Kashmir Legislative Council in 2019 during its reorganization into a Union Territory.
- Discuss the ongoing debates regarding their necessity, including arguments for checks on legislation versus claims of being a financial burden. (Source: Recent legislative changes and debates.)
5. Conclusion
- Summarize the constitutional framework, working, and current status of Legislative Councils.
- Reflect on the complexities surrounding their relevance in contemporary governance.
Relevant Facts
- Article 169: Parliament can create or abolish Legislative Councils based on a resolution from the Legislative Assembly.
- Article 171: Legislative Councils must have no more than one-third of the Legislative Assembly’s members and at least 40 members.
- States with Legislative Councils: Currently, six states have Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
- Jammu and Kashmir: The Legislative Council was abolished in 2019 when the state was reorganized into a Union Territory.
- Debate on Relevance: Ongoing discussions weigh the benefits of representation and checks against the financial implications of maintaining Councils.
Using this roadmap, you can structure a comprehensive answer that effectively explains the constitutional provisions for Legislative Councils, reviews their workings, and discusses their current status with relevant examples and citations.
Model Answer
Introduction
India’s federal structure features a bicameral legislature in several states, comprising an Upper House known as the Legislative Council (Vidhan Parishad) and a Lower House (Legislative Assembly). Currently, states like Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have Legislative Councils, established under specific constitutional provisions.
Constitutional Provisions
Establishment of Legislative Councils
Composition and Membership
Working of Legislative Councils
Current Status and Illustrations
As of now, six states in India maintain Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh. A recent example is the abolition of the Legislative Council in Jammu and Kashmir when the state was reorganized into a Union Territory in 2019.
The necessity and relevance of Legislative Councils continue to spark debate. Proponents argue they provide checks on legislation and representation for diverse groups, while critics contend they are a financial burden and often hinder legislative efficiency.
Conclusion
The discussion around Legislative Councils underscores the complexities of balancing diverse interests and effective governance within India’s federal framework, reflecting ongoing challenges in legislative processes.
Constitutional Provisions for Legislative Councils
1. Establishment of Legislative Councils
2. Structure and Functions
Review of Working and Current Status
1. Working of Legislative Councils
2. Current Status and Recent Developments
In summary, while Legislative Councils are intended to enhance legislative scrutiny and provide a forum for revising legislation, their effectiveness varies by state, and debates over their necessity and functionality continue.