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Article 169:

Abolition or creation of State legislative councils of India.

In India, the State Legislature is the popularly elected representative body of the people of the state. It is responsible for making laws for the state. The State Legislature in India has two Houses – the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad).

State Legislative Councils of India:

The current system of state legislative councils in India is a holdover from the British Raj, when these bodies were created to provide a check on the power of the governors. Today, they are seen as unnecessary and a hindrance to development. There are calls for their abolition, or at the very least, their reform.

State legislative councils are currently present in these states:  Bihar, Telangana, Karnataka, Andhra Pradesh, Maharashtra, and Uttar Pradesh. These states have chosen to keep them, despite the fact that they serve no real purpose.

Legislative councils  House Strength
Bihar

75

Maharashtra

78

Karnataka

75

Telangana

40

Uttar Pradesh 

100

Andhra Pradesh

58

Qualification for Becoming a Member of a State Legislative Council:

The question of whether or not to abolish state legislative councils in India has been a controversial one for many years. Some argue that these councils are an important part of the Indian democracy, while others contend that they are unnecessary and serve no purpose.

State legislative councils have the power to pass laws and make decisions on behalf of the people. Each state has its own council, and these councils are responsible for ensuring that the laws of the state are followed.

The qualifications for becoming a member of a state legislative council vary from state to state. In some states, anyone who is a citizen of India and is above the age of 25 can become a member. In other states, the qualifications may be more stringent. 

Tenure of Member of a State Legislative Council:

The tenure of members of state legislative councils is also different from state to state. In some states, members serve for a term of six years, while in others they serve for a term of four years. There is no limit on the number of terms that a member can serve.

Whether or not to abolish state legislative councils is a decision that must be made by each state individually. There are pros and cons to both sides

Creation of the State Legislative Councils:

Since the early 1950s, there have been calls for the abolition of the State legislative councils in India. The rationale behind this is that these councils are seen as a hindrance to the smooth functioning of state legislatures and they delay the passage of important bills. There are also concerns that these councils are undemocratically elected and are not representative of the people.

However, there are also those who argue in favor of keeping the State legislative councils. They argue that these councils provide an important check on the power of the executive branch and help to ensure that laws are enacted in a thoughtful and deliberative manner. They also argue that these councils give voice to marginalized groups and help to ensure that all voices are heard in the legislative process.

The debate over whether to keep or abolish the State legislative councils is likely to continue for some time. What is clear is that these councils play an important role in the Indian political system and any decision to abolish them would have far-reaching consequences.

The State Legislative Councils in India:

The State legislative councils in India are the upper houses of state legislatures in the country. There are a total of 29 state legislative councils in India, with each state having one council except for Jammu and Kashmir, which has two. The Tamil Nadu Assembly recently voted to abolish its state legislative council, making it the sixth state to do so since 2014. On January 27, 2020, the legislative council in Andhra Pradesh has been abolished. 

The move to abolish state legislative councils is being seen as part of a wider trend of centralization of power in India. Critics say that the move will lead to a further concentration of power in the hands of the ruling party at the expense of accountability and checks and balances. They also argue that the move will undermine the federal structure of the country.

Supporters of the move say that state legislative councils are unnecessary and expensive institutions that serve no purpose. They argue that they are often used as dumping grounds for political opponents by ruling parties and that they delay legislation by prolonging debate.

Role of State Legislative Councils:

In some states, there is a unicameral legislature, while in others there are two houses, the assembly and the council. The composition and powers of state legislative councils (SLCs) vary depending on whether they are created by a state, constitution or by an act of Parliament. SLCs play an important role in the overall governance of a state by providing a forum for debate on important issues, scrutinizing legislation, and representing the interests of different sections of society.

Criticism and Support of State Legislative Councils:

The move to either abolish or create state legislative councils in India has been met with both criticism and support. Critics argue that the councils are unnecessary and expensive, while supporters argue that they provide an important check on the power of the executive branch.

The abolition of state legislative councils in the Indian states of Gujarat, Maharashtra and Karnataka has been criticised by some on the basis that it is undemocratic and will lead to a further concentration of power in the hands of the executive branch. In Gujarat, for example, it was argued that the move would lead to a “unilateral” decision-making process and that the state government would be able to “push through” its decisions without any opposition. In Maharashtra, the move was criticised by Opposition parties, who accused the ruling party of using its majority to “usurp” power. In Karnataka, critics argue that the move will lead to a further concentration of power in the hands of the Chief Minister and that it will make it difficult for the Opposition to hold the government accountable.

Some have also argued that state legislative councils serve no purpose other than to delay legislation. It has been argued that they are a waste of taxpayers’ money and that they should be abolished in order to save money.

Frequently Asked Questions on Article 169:

Q1. State Legislative Councils are currently present in which states?

Answer: State Legislative Councils are currently present in these states:  Bihar, Telangana, Karnataka, Andhra Pradesh, Maharashtra, and Uttar Pradesh. These states have chosen to keep them, despite the fact that they serve no real purpose.

Q2. What is the role of State Legislative Councils?

Answer: In some states, there is a unicameral legislature, while in others there are two houses, the assembly and the council. The composition and powers of state legislative councils (SLCs) vary depending on whether they are created by a state, constitution or by an act of Parliament. SLCs play an important role in the overall governance of a state by providing a forum for debate on important issues, scrutinizing legislation, and representing the interests of different sections of society.

Q3. Why there have been calls for the abolition of the State legislative councils in India?

Answer: Since the early 1950s, there have been calls for the abolition of the State legislative councils in India. The rationale behind this is that these councils are seen as a hindrance to the smooth functioning of state legislatures and they delay the passage of important bills. There are also concerns that these councils are undemocratically elected and are not representative of the people. Some have also argued that state legislative councils serve no purpose other than to delay legislation. It has been argued that they are a waste of taxpayers’ money and that they should be abolished in order to save money.

Q4. Why there should be no abolition of the State legislative councils in India?

Answer: It has been said that the abolition of the State legislative councils will lead to a further concentration of power in the hands of the ruling party at the expense of accountability and checks and balances. They also argue that the move will undermine the federal structure of the country.



Last Updated : 12 Sep, 2022
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