Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (250 words) [2021]
In India, Legislative Councils are established under the provisions of the Constitution of India, specifically Articles 168 to 212. These provisions outline the composition, powers, and functions of Legislative Councils, which are also known as “Vidhan Parishads” or “Upper Houses” in the bicameral legislative systems of some states.
- Composition: Legislative Councils in India are composed of members elected by various methods, including:
- Elected by the state legislative assembly
- Elected by local bodies, such as municipal corporations and panchayats
- Elected by registered graduates
- Elected by teachers
- Nominated by the governor
- Powers and functions: Legislative Councils have the same powers and functions as the lower house of the state legislature, except that they cannot initiate a money bill. They can, however, make recommendations on money bills and participate in the legislative process by discussing and debating bills.
- Current status: Currently, there are Legislative Councils in six states in India: Bihar, Karnataka, Maharashtra, Telangana, Andhra Pradesh, and Uttar Pradesh. These Legislative Councils have a limited role in the legislative process and are often seen as less powerful than the lower house of the state legislature.
- Examples: One example of the working of a Legislative Council is in the state of Maharashtra, where the Legislative Council plays a role in scrutinizing and reviewing legislation proposed by the state government. In 2021, the Legislative Council of Maharashtra rejected a bill proposed by the state government that aimed to exempt certain categories of industries from obtaining environmental clearance. This shows the power of the Legislative Council to review and reject legislation proposed by the government.
Overall, while Legislative Councils in India have a limited role in the legislative process, they serve as an important check on the power of the state government and provide representation for certain groups in the state.
![Rakesh was working as a Joint Commissioner in Transport department of a city. As a part of his job profile, among others, he was entrusted with the task of overseeing the control and functioning of City Transport Department. A case strike by drivers’ union of City Transport Department over the issue of compensation to a driver who died on duty while driving the bus came up before him for decision in the matter. He gathered that the driver (deceased) was plying Bus No. 528 which passed through busy and congested roads of the city. It so happened that near an intersection on the way, there was an accident involving the a middle-aged man. It was found that there was altercation between the driver and the car driver. Heated arguments between them led to fight and the driver gave him a a blow. Lot of passerbys had gathered and tried to intervene but without success. Eventually, both of them were badly injured and profusely bleeding and were taken to the nearby hospital. The driver succumbed to the injuries and could not be saved. The middle-aged driver’s condition was also critical but after a day, he recovered and was discharged. Police had immediately come to the spot and FIR was registered. Police investigation revealed that the quarrel in was started by the bus driver and he had resorted to physical violence. There exchange of blows between them. The City Transport Department management is considering of not giving any extra compensation to the driver’s (deceased) family. The family is very aggrieved. depressed and agitated against the discriminatory and non-sympathetic approach of the City Transport Department management. The bus driver (deceased) was 52 years of age, was survived by his wife and two school-college going daughters. He was the sole earner of the family. The City Transport Department workers’ union took up this case and when found no favourable response from the management, decided to go on strike. The union’s demand was two fold. First was full extra compensation as given to other drivers who died on duty and secondly employment to one family member. The strike has continued for 10 days and the deadlock remains. [2022]](https://www.iasexpress.net/wp-content/uploads/content-views/cvp_default_image-600x300.png)
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