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Legislative Council

About Legislative Council

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What is Legislative Council

India follows a bicameral system at both the centre and state level. Under this system, the state's legislature is divided into two parts - Legislative Assembly or Vidhan Sabha and Legislative Council or Vidhan Parishad. Members of the Legislative Assembly are directly elected by the people through assembly elections. Vidhan Parishad or Legislative Council is a permanent body, which can be formed or abolished when the Legislative Assembly passes a special resolution.
 
In other words, the Legislative Council is the upper house of the state. Its institution is outlined in Article 169 of the Constitution of India. A member of a legislative council is referred to as an MLC.
 
Do all states have Legislative Councils?
 
No. The Constitution of India does not mandate states to form a Legislative Council.
 
How many legislative councils are there in India?
 
As of January 2020, six out of 28 states have a legislative council. The states with bicameral legislature include Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh. These states have both the Legislative Council and Legislative Assembly.
 
What is the difference between the Legislative Assembly and the Legislative Council?
 
The term of the Legislative Assembly is five years unless it is dissolved earlier on the request of the chief minister. The tenure of the members of the council is six years, and a third of the members of the House retire after every two years.
 
Legislative Assembly is the lower house, much like the Lok Sabha of the Parliament. Legislative Council is the upper house in the state and like the Rajya Sabha, it is a permanent House.
 
How is the Legislative Council created?
 
The members of the Council are either nominated by the Governor of the state or are indirectly elected.
 
Here's the math: One-third of the members of this House are elected by the Legislative Assembly. One-third are elected by the local bodies like a municipality or other local authorities. One-twelfth of the members are elected by graduates. One-twelfth of the members are elected by teachers. About one-sixth of the members are nominated by the Governor. The legislative Council elects its Chairman, who plays the role of presiding officer and Deputy Chairman from amongst its members.
 
Eligibility criteria: Indian citizen who is at least 30 years of age; a person cannot simultaneously be a Member of Parliament and State legislature.
 
What is the role of the Legislative Council?
 
The Constitution of India gives limited power to the Legislative Council. It cannot make or break a government. It cannot say ‘no’ to Finance Bills. However, there are some perks: The Council has its Chairman and Deputy Chairman who enjoy the status of Cabinet Ministers in the state.
 
It is considered important for two reasons: a) it can ensure individuals who might not be cut out for the elections are able to contribute to the legislative process (like artists, scientists, etc). b) It can keep an eye on hasty decisions taken by the Legislative Assembly.
 
Can Legislative Council be dissolved?
 
While Legislative Council is a permanent House like the Rajya Sabha, it can be dissolved. Under Article 169 of the Indian constitution, Parliament may create or abolish the Council in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority. Parliament abolished the Vidhan Parishad in Andhra Pradesh in 1985, but in March 2007, it was reinstated.
 
Criticisms
 
The Legislative Councils have been criticised for being unnecessary and unrepresentative of the people. They are considered a burden on the state budget and cause delays in passing legislation.

Latest Updates on Legislative Council

Bharatiya Janata Party's Member of Legislative Council in Maharashtra, Ram Shinde on Wednesday filed his nomination for the election of the Council's Chairperson.

Updated On: 19 Dec 2024 | 2:09 PM IST

The post followed a meeting of the UP Deputy CM with BJP party President JP Nadda in Delhi on Tuesday. Nadda also held a separate meeting with the Uttar Pradesh BJP Chief Bhupender Chaudhary.

Updated On: 17 Jul 2024 | 3:57 PM IST

The development comes after Maharashtra Deputy Chief Minister Devendra Fadnavis met MNS chief Raj Thackeray last week

Updated On: 07 Jun 2024 | 12:50 PM IST

Seventy-eight contestants are in the fray. Counting of votes will be held on June 6

Updated On: 03 Jun 2024 | 9:21 AM IST

Amendments will enhance checks and balances and empower the legislature to combat corruption, the move has sparked significant concerns within civil society and academia

Updated On: 29 May 2024 | 8:20 AM IST

Bihar Chief Minister Nitish Kumar was on Thursday declared elected unopposed to the state legislative council for a fourth consecutive term.

Updated On: 14 Mar 2024 | 5:56 PM IST

Three candidates of the BJP, including former minister and state unit chief Mangal Pandey, also filed their nomination papers

Updated On: 11 Mar 2024 | 4:56 PM IST

It is a customary practice ahead of every session to convene a meeting as leaders of different parties highlight the issues they want to raise in Parliament

Updated On: 30 Jan 2024 | 1:05 PM IST

A preparatory meeting held at the BJP headquarters outlined strategies for the upcoming session, attended by Chief Minister Bhajan Lal Sharma and other BJP legislators

Updated On: 19 Jan 2024 | 8:35 AM IST

The rules state that the MLAs should show respect by bowing towards the Speaker's chair, and not show their backs while entering or leaving the House or while sitting or rising from their seats

Updated On: 09 Aug 2023 | 5:04 PM IST

A 'White Paper' tabled by the Maharashtra government in the Legislative Council on Thursday claimed that it would not be right

Updated On: 03 Aug 2023 | 11:09 PM IST

In a setback to Uddhav Thackeray, Maharashtra Legislative Council Deputy Chairperson and senior Shiv Sena (UBT) leader Neelam Gorhe on Friday joined the rival Sena led by Chief Minister Eknath Shinde

Updated On: 07 Jul 2023 | 10:22 PM IST

The legislature decides, the executive implements and finally if anybody violates the provisions one can go to court. The judiciary must be dynamic and they must dispose of at the earliest: Naidu

Updated On: 17 Jun 2023 | 3:03 PM IST

The surprise move of Cong MLC Sudhir Tambe to drop out of upcoming Legislative Council polls in state and field his son have proved that but political rebellion is common in families of both leaders

Updated On: 13 Jan 2023 | 11:45 AM IST

The Bharatiya Janta Party (BJP) National President JP Nadda gave his approval for the names of candidates to contest from five constituency seats in the Uttar Pradesh legislative council

Updated On: 10 Jan 2023 | 11:02 AM IST

Leader of Opposition in the Maharashtra Legislative Council Ambadas Danve demanded the resignation of state ministers Abdul Sattar and Uday Samant over alleged irregularities in land allotment

Updated On: 27 Dec 2022 | 2:40 PM IST

Wardens of 28 govt hostels have been served show cause notices and will face inquiries over various complaints about poor facilities, the Maharashtra govt informed the state Legislative Council

Updated On: 23 Dec 2022 | 6:42 PM IST

The opposition created an uproar in the council over a Nagpur land allotment decision by CM Eknath Shinde when he was the urban development minister in the previous MVA govt

Updated On: 21 Dec 2022 | 4:04 PM IST

Pratibha Singh, Sukhwinder Sukhu and Mukesh Agnihotri are considered key frontrunners for the chief minister's post

Updated On: 09 Dec 2022 | 12:41 PM IST

Law and Parliamentary Affairs Minister J C Madhuswamy maintained that the bill was well within the scope of the Constitution of India

Updated On: 15 Sep 2022 | 8:40 PM IST