Legislative Council being the second house of deliberations in the state, is being considered to be constituted by states like West Bengal, Assam and Rajasthan.
Constitutional Provisions for Legislative Council:
- Article 169 – empowers the Parliament to create or abolish LC in a state if State Legislative Assembly passes a resolution by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members present and voting.
- Article 171 provides for composition of LC where total members shall not exceed one-third of the total members in the Legislative Assembly but cannot be less than 40.
- Article 172 (2) – makes LC a permanent body not subject to dissolution; but one-third of its members shall retire every second year.
- Article 182 – Members of LC shall choose two members from the Council as Chairman and Deputy Chairman.
|• Acts as a second chamber for discussion depicting bicameralism at the state level.|
• LC acts as an institution of checks and balance on every Bill and prohibits hasty, defective, careless & ill-considered legislation thereby allowing for revision.
• Ensures Diverse Representation by facilitating representation of professionals and experts who cannot face direct elections.
|• Does not provide effective check on law making process and constitutionally can only delay the bill by 4 months.|
• Serve as parking space for defeated politicians or those who did not receive ministerial berth.Eg: West Bengal.
• Unnecessary delay in law making without substantial power including no powers on Money Bill.
• Extra expenditure of government’s resources and hence taxpayers’ money.
Role of the Legislative Council should be re-conceptualized to act as representation for the local governments as suggested by Second Administrative Reform Commission.