LEGISLATIVE COUNCIL

LEGISLATIVE COUNCIL

Subject: Polity

Context: The West Bengal government will set up a Legislative Council (VidhanParishad), as per a decision taken up at the Cabinet meeting chaired by Chief Minister Mamata Banerjee on Monday.

Concept:

Historical background:

Legislatures with two Houses (bicameral) have a long history in India. The Montagu-Chelmsford reforms led to the formation of the Council of State at the national level in 1919. Then the Government of India Act of 1935 set up bicameral legislatures in Indian provinces. It was under this law that a Legislative Council first started functioning in Bengal in 1937.

Constitutional Position

Abolition or Creation – Article 169

• The Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.
• Special majority implies :
• A majority of the total membership of the assembly and
• A majority of not less than two-thirds of the members of the assembly present and voting.

Composition

• Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members.
• Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.

Manner of Election

• One-third of the MLCs are elected by the state’s MLAs,
• Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards,
• 1/12th by an electorate of teachers and another 1/12th by registered graduates.
• The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement and social service.

LC vis-à-vis Rajya Sabha

• The legislative power of the Councils is limited. Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack a constitutional mandate to do so.
• Assemblies can override suggestions/amendments made to legislation by the Council.
• Again, unlike Rajya Sabha MPs, MLCs cannot vote in elections for the President and Vice President. The Vice President is the Rajya Sabha Chairperson while a member from the Council itself is chosen as the Council Chairperson.