Discuss the Organisation and Powers of the Legislative Council of your state.
Ans.
Introduction:
According to Article 168 of the Indian Constitution, every state shall have a Legislature which shall consist of the Governor and in some states, two Houses and in some one House only. States like Odisha, Kerala, and Rajasthan have only one House. Where there are two Houses, the upper house is called the Legislative Council and the lower house is called the Legislative Assembly.
Composition of the Legislative Council:
As per the original constitution, the provision was that Parliament will determine the number of members of the Legislative Council, but the number of members shall not be more than one-fourth of the Legislative Assembly and in any case not less than 40. But in 1956, the 7th Constitutional Amendment was made which changed the original provision. Through this amendment, the maximum number of the Legislative Council was fixed at one-third of the Legislative Assembly and the minimum at 40. The Legislative Council consists of members from different regions, some of whom are elected and some nominated by the Governor.
The following members of the Legislative Council shall be elected:
- One-third of the total number of members shall be elected by electoral colleges consisting of members of municipalities, district boards, or other local authorities as Parliament may by law determine.
- One-third shall be elected by the members of the Legislative Assembly but any person not a member of the Assembly can be elected.
- One-twelfth of the total number of members shall be elected by electoral colleges constituted by residents of the state who have been at least 3 years graduates of any university in India or fulfill any other qualification prescribed by Parliament.
- One-twelfth shall be elected by teachers of 3 years standing in secondary schools, colleges, and universities, elected by an electoral college constituted by them. In Bihar, there is a proposal by the Teachers' Association that teachers of middle and subordinate schools should also get this facility.
- One-sixth shall be nominated by the Governor from amongst persons having special knowledge in literature, science, art, cooperative movement, and social service.
Like the Rajya Sabha, the Legislative Council is also a permanent house. It is not subject to dissolution. But every second year, one-third of its members vacate their seats. The vacancies are filled by fresh elections. The term of office of a member is 6 years and in the first Legislative Council, the terms of some members are 2 years, some 4 years, and the rest 6 years.
The Legislative Council elects two of its members as Chairman and Deputy Chairman respectively. The Chairman presides over the Council and in his absence the Deputy Chairman performs his duties.
Powers of the Legislative Council:
The powers of the Legislative Council are-
1. Legislative Powers:
The Legislative Council acts along with the Legislative Assembly in lawmaking. An ordinary bill can be introduced first in either house of the Legislature. A bill passed by the Legislative Assembly can be rejected, amended, or kept pending by the Legislative Council for three months. If the Legislative Assembly passes the bill again and if the Legislative Council rejects it again, then after one month the bill is deemed passed by both houses. After approval by both houses, a bill is sent to the Governor, and on receiving his assent it becomes law.
2. Financial Powers:
The Legislative Council has negligible powers in financial matters. Money bills can only be introduced first in the Legislative Assembly, not in the Legislative Council.
After being passed by the Legislative Assembly, it is sent to the Legislative Council only for formality. The Legislative Council cannot reject or amend a Money Bill passed by the Legislative Assembly. It can only retain it for 14 days maximum. After 14 days the bill is deemed passed by both houses and on receiving the Governor's assent it becomes law.
3. Powers relating to Administration:
In administration also, the Council is powerless and weak because the Council of Ministers is collectively responsible to the Legislative Assembly, not the Legislative Council. Although members of the Legislative Council can also be ministers, due to public opinion and party discipline, only the Legislative Assembly controls the Council of Ministers. Still, by debating important issues, asking questions and supplementary questions, and passing no-confidence motions, the Council can keep some check on the executive.
4. Powers relating to Constitutional Amendment:
To amend some parts of the Constitution, apart from Parliament's approval, ratification by state legislatures is also necessary. In such a situation, a Constitutional Amendment passed by Parliament requires approval by both Houses of the state legislature - Legislative Assembly and Legislative Council.
5. Powers relating to increase of Parliament's jurisdiction:
If the legislatures of two or more states pass a resolution that Parliament should pass laws on a matter in the State List, then Parliament acquires that power.
The Legislative Council is a weak and powerless body. Although it functions in a state like the Rajya Sabha, it is even weaker than the Rajya Sabha. It does not participate in the election of the President like the Rajya Sabha.