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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

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

Maharashtra Governor Bhagat Singh Koshyari allowed to withdraw the list consisting of 12 names for the nomination to the legislative council proposed by the previous Maha Vikas Aghadi government

Updated On: 05 Sep 2022 | 1:22 PM IST

During his tenure as MLC, he had set up a number of schools. He had worked for the welfare of teachers and promoted education in rural parts of the state

Updated On: 30 Aug 2022 | 12:10 PM IST

Tabling the Maha Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, in the Upper House, CM Eknath Shinde said the move was aimed at increasing accountability of these bodies

Updated On: 24 Aug 2022 | 7:16 AM IST

State legislatures also meet more infrequently, sitting for an average of just 21 days

Updated On: 29 Jul 2022 | 9:49 AM IST

The Samajwadi Party has lost the post of the Leader of Opposition in the Uttar Pradesh Legislative Council after its strength dropped below the required 10 MLCs in the 100-member House.

Updated On: 08 Jul 2022 | 6:27 PM IST

Maharashtra BJP president Chandrakant Patil said his party has got nothing to do with political developments in Shiv Sena, whose minister Eknath Shinde has gone incommunicado along with some MLAs

Updated On: 21 Jun 2022 | 12:52 PM IST

After suspected cross-voting in Maharashtra MLC elections, CM Uddhav Thackeray has called an urgent meeting of all Shiv Sena MLAs

Updated On: 21 Jun 2022 | 11:19 AM IST

Maharashtra minister Eknath Shinde and some other Shiv Sena MLAs are camping at a hotel in Gujarat's Surat city, a day after the Sena-led MVP faced a setback in the MLC polls

Updated On: 21 Jun 2022 | 11:31 AM IST

Both candidates of the Shiv Sena Sachin Ahir and Aamshya Padavi won the election, while the two nominees of the Congress failed to secure the minimum quota of the first preference vote.

Updated On: 20 Jun 2022 | 11:26 PM IST

SC said a further interpretation of Section 62(5) of Representation of the People Act, will be considered by it to examine whether arrested lawmakers MLAs and MPs could be allowed to vote in elections

Updated On: 20 Jun 2022 | 4:50 PM IST

A total of 11 candidates are vying for the 10 MLC seats vide the electoral college comprising 288 MLAs, though effectively 285 shall vote in the elections on Monday (June 20).

Updated On: 18 Jun 2022 | 10:41 PM IST

According to the Election Commission of India, an average polling percentage of 98.11 was recorded in the state on Saturday

Updated On: 12 Apr 2022 | 9:30 AM IST

There are 10 economic Bills that are slated for the upcoming session

Updated On: 29 Nov 2021 | 1:07 AM IST