UPSC Mains Answer: Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.

Difficulty Level: Medium

Sub-category: Indian Polity and Governance (Constitution, Federalism, and Legislative Processes)

Introduction

The Legislative Council, or Vidhan Parishad, is the upper house of the state legislature in India, established under Article 169 of the Constitution. While not all states have a Legislative Council, those that do follow a bicameral system, ensuring a more deliberative legislative process.

Body

Constitutional Provisions:
Article 169 empowers Parliament to create or abolish a Legislative Council in a state if the Legislative Assembly passes a resolution by a special majority.

Article 171 specifies the composition of the Legislative Council

one-third of members elected by local bodies, one-third by the Legislative Assembly, one-twelfth by graduates, one-twelfth by teachers, and the remaining nominated by the Governor for their expertise in fields like literature, science, or social service.
Article 172(2) states that the Legislative Council is a permanent body, with one-third of its members retiring every two years, ensuring continuity.

Working and Current Status

Currently, six states—Uttar Pradesh, Bihar, Maharashtra, Karnataka, Andhra Pradesh, and Telangana—have Legislative Councils. Their role includes revising or delaying legislation, though they cannot override the Legislative Assembly.
For example, in Maharashtra, the Council has been instrumental in scrutinizing bills like the Maratha Reservation Act, ensuring broader deliberation. However, critics argue that Councils often become redundant due to their limited powers and politicization.
Recent debates, such as in Rajasthan and West Bengal, highlight demands for Councils to enhance legislative scrutiny, though concerns about financial burden and efficiency persist.

Conclusion

While Legislative Councils serve as a check on hasty legislation, their effectiveness depends on constructive deliberation rather than political rivalry. Strengthening their role through reforms could enhance India’s federal democratic framework.