- Discuss the Procedure for the creation and abolition of a State legislative council in state and What is your opinion on the creation of legislative council in different state [150 words, 10 marks, 2 pages, 7 min]
Introduction: Article 169 of the Indian Constitution provides for the creation and abolition of State Legislative Councils(SLC). At present, only six states of our country have a legislative council. They are Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar, and Uttar Pradesh.
Procedure for Creation of SLC :
- Resolution by the Legislative Assembly: The process begins with the Legislative Assembly of the concerned state passing a resolution.
- Passed by Special Majority: This resolution must be supported by a majority of the total membership of the Assembly and by not less than two-thirds of the members present and voting.
- Parliamentary Approval: Once the resolution is passed, it is sent to the Parliament for approval. The Parliament may then pass a law to that effect, thereby creating the Legislative Council in that state.
Procedure for Abolition:
- Resolution by the Legislative Assembly: Similar to the creation, the process for abolition starts with the Legislative Assembly of the state passing a resolution by a majority of the total membership of the Assembly and by not less than two-thirds of the members present and voting.
- Parliamentary Approval: The resolution is then sent to the Parliament, which can pass a law for the abolition of the Legislative Council in that state.
Role of the Governor and President: While the Governor of the state and the President of India have no formal role in the passing of the resolution or the law, their assent is necessary for the law passed by the Parliament to come into effect.
Opinion on the Creation of Legislative Councils in Different States
Arguments in Favour:
- Additional Layer of Scrutiny: Legislative Councils can act as a revising chamber, providing a second look at the legislation passed by the Legislative Assembly. This can lead to more thorough and considered law-making.
- Representation of Diverse Interests: The councils provide representation to different sections of society such as graduates, teachers, and local authorities, thus ensuring that various interests are taken into account in the legislative process.
- Expertise and Experience: Members of the Legislative Councils often include individuals with expertise and experience in various fields, contributing to more informed debates and decisions.
Arguments Against:
- Financial Burden: Maintaining a Legislative Council involves significant expenditure. Critics argue that the benefits do not justify the costs, especially for financially weaker states.
- Potential for Redundancy: The Legislative Councils can be seen as redundant since they have limited powers compared to the Legislative Assemblies. They can only delay, but not indefinitely block, legislation.
- Political Manipulation: There is a risk of Legislative Councils being used by ruling parties to accommodate their loyalists and provide them with political rewards, leading to inefficiency and politicisation.
Conclusion: In my opinion, the decision to create or abolish a Legislative Council should be based on a careful assessment of each state's specific needs, financial health, and political dynamics. While they can enhance the legislative process, the benefits must outweigh the costs for them to be justified. A nuanced approach, rather than a blanket policy, is essential for ensuring that the Legislative Councils serve their intended purpose effectively.
