State Legislative Council (India)

The State Legislative Council is the upper house in those states of India that have a bicameral state legislature; the lower house being the State Legislative Assembly. Its establishment is defined in Article 169 of the Constitution of India.

As of January 2020, 6 out of 28 states have a State Legislative Council. The latest state to have a council is Telangana.[1][2].

Qualification and TenureEdit

MLC 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. He or she may not be a Member of Parliament and Member of the State Legislative Assembly at the same time.

The tenure of the MLCs are six years. One-third of the members of Legislative Council retire after every two years. This arrangement parallels that for the Rajya Sabha, the upper house of the Parliament of India.[1]

CompositionEdit

The size of the State Legislative Council 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 elects the Chairman of Legislative Council and Deputy Chairman.

MLCs are chosen in the following manner:[1]

RoleEdit

The Indian Constitution gives limited power to the Legislative Council. The Legislative Council can neither make or break a state government. The Legislative Council also have no role in the passing of Finance Bills. But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status of Cabinet Ministers in the state.[1]

List of State Legislative CouncilsEdit

As of January 2020, 6 out of the 28 states have Legislative Council [1]

State Legislative Council Image of Council Buildings List of constituencies Seat/state capital Number of constituencies Ruling party
Elected Nominated Total
Andhra Pradesh Legislative Council   List Amaravati 50 8 58 YSR Congress Party
Bihar Legislative Council   List Patna 63 12 75 Janata Dal (United)
Karnataka Legislative Council     List 64 11 75 Bharatiya Janata Party
Maharashtra Legislative Council List 66 12 78 Maha Vikas Aghadi
Telangana Legislative Council   List Hyderabad 34 6 40 Telangana Rashtra Samithi
Uttar Pradesh Legislative Council   List Lucknow 90 10 100 Bharatiya Janata Party
Total 6 367 59 426

Creation and Abolition of State Legislative CouncilEdit

According to the Article 169 of the Indian constitution, the Indian Parliament can create or abolish the State Legislative Council of a state if that State's Legislative passes a resolution for that with a special majority. Many Legislative Councils were abolished since Independence. For example, the West Bengal Legislative Council was abolished in 1969. Another example is that of Andhra Pradesh Legislative Council which was abolished in 1985, but was formed again in 2007.[1].[3]

Abolished State Legislative CouncilsEdit

The existence of a State Legislative Council has proven politically controversial. A number of states that have had their Legislative Council abolished have subsequently requested its re-establishment; conversely, proposals for the re-establishment of the Legislative Council for a state have also met with opposition. Proposals for abolition or re-establishment of a state's Legislative Council require confirmation by the Parliament of India.

State Legislative Council Seat/state capital Year established Year abolished Notes
Assam Legislative Council Shillong 1935 1969 Abolished by the Assam Legislative Council (Abolition) Act, 1969
Bombay Legislative Council Bombay 1861 1960 Abolished by the Bombay Reorganisation Act, 1960.
Jammu and Kashmir Legislative Council 1957 2019 Abolished by the Jammu and Kashmir Reorganisation Act, 2019.
Madhya Pradesh Legislative Council Bhopal 1956 1969 Abolished by the Madhya Pradesh Legislative Council (Abolition) Act, 1969 after the formation of Chhattisgarh.
Punjab Legislative Council Chandigarh 1956 1969 Abolished by the Punjab Legislative Council (Abolition) Act, 1969.
Tamil Nadu Legislative Council Madras 1956 1986 Abolished by the Tamil Nadu Legislative Council (Abolition) Act, 1986
West Bengal Legislative Council Calcutta 1952 1969 Abolished by the West Bengal Legislative Council (Abolition) Act, 1969

CriticismEdit

The Legislative Councils are criticised for being unnecessary. It is considered a burden on the state budget and cause delays in passing legislations.[1]

See alsoEdit

ReferencesEdit

  1. ^ a b c d e f g "WHAT IS LEGISLATIVE COUNCIL". Business Standard. Retrieved 7 September 2020.
  2. ^ GK Today
  3. ^ PTI. "Trinamool to revive legislative council in WB". The Hindu.