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The proposal of the formation of the Legislative Assembly by the Orissa State Legislature on


If states have any real benefit from the formation of the Legislative Councils then all the states of the country should rationally adopt the second house / upper house. It is worth mentioning that there are only seven legislative councils in the states and this fact points to the fact that there is no absence of broad political consensus on this issue in the country. The point of discussion is that now Odisha state also wants to join the group of those states, which have a higher house. In this context, the State Cabinet has approved the 49-member Legislative Council, while accepting the report of the committee set up in 2015 to study the functioning of the second house working in other states and making relevant recommendations. Now the question is what is the legislative council and what process is adopted for its formation and whether the state has any real benefit from the Legislative Council or not?

Legislative Assembly

Constitutional provision 

  • There is a permanent and high house of the State Legislature of the Legislative Council. It does not dissolve but the state can make or end it.
  • There are currently only seven states – Legislative councils in Andhra Pradesh, Telangana, Maharashtra, Uttar Pradesh, Bihar, Jammu and Kashmir and Karnataka.
  • Under the Article 169 of the Constitution, the construction and abolition / termination of the Legislative Council is as follows- 
  • For the formation of the Legislative Council in any state, (2/3) by the special majority of the Legislative Assembly, the resolution of the formation of the Legislative Council and the resignation is passed and passed to the Parliament.
  • The last power of creation and termination of the Legislative Council is with the Parliament and it can be done through a simple process without amending the Constitution.
  • Under Article 169, there is a provision that every state should keep or do the second house as per its wishes.
  • Taking advantage of this provision, Andhra Pradesh constituted the Legislative Council in the year 1957 and it was abolished in the year 1985, but in the year 2007, the Legislative Council in Andhra Pradesh is in existence.

Process of constitution of the Legislative Council 

  • In a state, a complex process is adopted for the construction of the Upper House, which is mentioned in article 171 of the Constitution.
  • According to Article 171, the maximum number of members in the Legislative Council of a State should be one third (one third of the total members) and one third and minimum number should be 40. However, the exception is that the number of members of Legislative Council in Jammu and Kashmir is 36.
  • According to the procedure laid down in Article 171 (3) of the Constitution, the members of the Legislative Council are determined as follows-
  • 1/3 members are elected by the elected bodies of the state’s local bodies, municipalities, district board etc.
  • 1/3 members are elected by the elected members of the Assembly.
  • 1/12 members are elected by the students who have graduated at least 3 years ago.
  • 1/12 members are elected by teachers who have been teaching in higher secondary schools or higher educational institutions for 3 years.
  • 1/6 members will be nominated by the governor, who have special knowledge or practical experience of the state’s literature, arts, co-operatives, science and social services.

The importance and shortcomings of the bicameral legislature 

  • The Upper House may be considered to be more careful about the fact that majority party in the lower house can not abuse power.
  • High House provides a forum for academics and intellectuals, who rationally defends the state of electoral politics, right on paper, it provides a mechanism to evaluate a fair and useful law, which is passed by a state Could.
  • To ensure adequate representation of various interests at the state level, the bicameral system is more favorable.
  • Generally it is believed that this government can not be created and dropped, so it is not needed, but there are many such works, which are completed by this House in a very meaningful way.
  • It is also necessary for control and balance in the democratic government.
  • However, there is no shortage of various objections against the Upper House. In this context, the biggest objection is that in this House, the liberal objective to include intellectuals, the forum can be used to accommodate those party workers who are Failure to be elected in the House.
  • Another issue is that now there is no breed class breed category in any state of India. Actually, this standard of education is like dipping the academic standards.
  • Apart from this, there is no guarantee of actual intellectual theft for a bachelor’s degree. The second important question is why why should such a feature be given to a section of graduates in democracy? 
  • Today most political parties have adequate numbers of doctors, teachers and other professionals.
  • The case of Rajya Sabha is different, because it represents the states rather than the constituencies.

Forward path

The current time is demanding that the re-observation of rules that determine the membership of the Parliament will be revisited. Jai Prakash Narayan was in favor of Rajya Sabha. It is necessary to be strictly monitored by the election authorities to deal with the misuse of money and to prevent corruption in elections. There are various and inconsistent discussions about the creation, revival and renunciation of the Legislative Council. With the proposal of Odisha, the country can get an opportunity to make a national consensus on the creation of Legislative Council on a large scale.

Source: The Hindu 

Updated: October 17, 2018 — 4:11 pm

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