Procedure of creation and abolition of Legislative Council

Question - Describe the procedure of creation and abolition of Legislative Council in States. Why did the Andhra Pradesh State Assembly pass a resolution to abolish State's Legislative Concil? Explain in short.

Answer - India is the largest democracy in the world and follows a parliamentary system of government. The Indian Constitution divides government powers between the central government and state governments. Each state has its own government to manage matters related to the state. The law making body of a state is called the State Legislature. The State Legislature plays an important role in making laws, discussing public issues and representing the people. In most Indian states, the legislature has only one house known as the Legislative Assembly. This system is called a unicameral legislature. However, some states follow a two house system where there are two parts of the legislature. The first house is the Legislative Assembly and the second house is called the Legislative Council. The Legislative Council is also known as the Upper House of the State Legislature. It works as a second chamber where laws passed by the Legislative Assembly are discussed and reviewed. However, unlike the Legislative Assembly, the Legislative Council is not compulsory in every state. The Constitution gives states the option to have or remove a Legislative Council depending on their needs and circumstances. The creation and abolition of Legislative Councils in states is an important constitutional process. It shows how Indian democracy allows flexibility while maintaining proper procedures. One important example related to this topic is the decision of Andhra Pradesh to abolish its Legislative Council. 

Meaning of Legislative Council 

A Legislative Council is the upper house of a state legislature. It is similar to the Rajya Sabha at the national level. Just like the Rajya Sabha represents different interests at the central level, the Legislative Council provides representation to different groups within a state. The main purpose of the Legislative Council is to examine laws, discuss important issues and provide suggestions for improving legislation. It acts as a reviewing body. Bills passed by the Legislative Assembly are sent to the Legislative Council where members discuss their importance, possible problems and effects on society. The Legislative Council consists of members who are selected through different methods. Unlike the Legislative Assembly where members are directly elected by people, members of the Legislative Council are elected by different groups such as local authorities, teachers and graduates. Some members are also nominated because of their experience and knowledge in fields such as literature, science, art and social service. The Legislative Council does not have the same powers as the Legislative Assembly. The Legislative Assembly is more powerful because the state government is formed by the majority party in the Assembly. The Chief Minister and Council of Ministers are responsible to the Legislative Assembly. In financial matters also, the Legislative Assembly has greater authority. Money bills cannot be introduced in the Legislative Council. The Council can only make recommendations and suggestions. The final decision remains with the Legislative Assembly. Constitutional Provision for Legislative Council The creation and abolition of Legislative Councils is mentioned under Article 169 of the Indian Constitution. This article gives Parliament the authority to create or remove a Legislative Council in any state. The Constitution makers included this provision because they believed that different states may have different needs. Some large states may require an additional house for detailed discussion and representation, while smaller states may not need it. The existence of a Legislative Council depends on the decision of the state and Parliament. It is not a permanent feature of every state legislature. At present, only a few states in India have Legislative Councils. States that have a Legislative Council include Andhra Pradesh, Telangana, Karnataka, Maharashtra, Bihar and Uttar Pradesh. Procedure for Creation of Legislative Council in States A state that does not have a Legislative Council can request the creation of one. However, the process is not simple and requires approval at different levels. The first step is taken by the State Legislative Assembly. The Assembly must pass a resolution requesting the creation of a Legislative Council. This resolution cannot be passed by a simple majority. It requires a special majority. The special majority means: A majority of the total membership of the Legislative Assembly And a majority of not less than two thirds of the members present and voting This requirement ensures that the decision has wide support among members of the Assembly. After the State Assembly passes the resolution, the proposal is sent to Parliament. Parliament then considers the request and decides whether to create the Legislative Council. If Parliament approves the proposal, it passes a law for 

Creating the Legislative Council in that state

After the law is approved by the President of India, the Legislative Council comes into existence. Therefore, the State Assembly only recommends the creation of a Legislative Council. The final power belongs to Parliament. Reasons for Creating Legislative Council There are several reasons why some states prefer having a Legislative Council. One major reason is that it provides a platform for experienced and knowledgeable people to participate in law making. Some people may have valuable knowledge and experience but may not enter politics through direct elections. The Legislative Council gives them an opportunity to contribute. Another reason is that it provides representation to different sections of society. Teachers, graduates, local government representatives and experts from different fields get representation through the council. The Legislative Council also helps in improving the quality of laws. Members can study bills carefully and suggest changes before laws are passed. It can prevent hurried decisions because bills receive additional discussion and examination. However, there are also arguments against Legislative Councils. Some people believe that they are unnecessary because the Legislative Assembly already represents the people. They argue that an additional house increases government expenses and may slow down decision making. Procedure for Abolition of Legislative Council in States Just like the creation of a Legislative Council, the abolition of a Legislative Council is also governed by Article 169 of the Indian Constitution. If a state government believes that it no longer needs a Legislative Council, the process for removing it begins in the State Legislative Assembly. The State Legislative Assembly has to pass a resolution requesting the abolition of the Legislative Council. This resolution must also be passed through a special majority. The special majority requirement includes: A majority of the total membership of the Legislative Assembly And a majority of at least two thirds of the members present and voting This strict requirement ensures that the decision to remove the second house is supported by a large number of elected representatives. After the Assembly passes the resolution, it is sent to the Parliament of India. Parliament examines the request and decides whether to approve it. If Parliament agrees, it passes a law to abolish the Legislative Council of that state. After the President of India gives approval to the law, the Legislative Council is officially removed. This process shows that a state cannot independently create or abolish a Legislative Council. The final authority lies with Parliament. 

Difference Between Legislative Assembly and Legislative Council 

The Legislative Assembly and Legislative Council are both parts of the State Legislature, but their roles and powers are different. The Legislative Assembly is the main law making body of the state. Its members are directly elected by the people through elections. The government is formed by the party or group that has a majority in the Assembly. The Legislative Council is the upper house and its members are elected through different methods. It does not directly decide who forms the government. The Legislative Assembly has more power in financial matters. A money bill can only be introduced in the Legislative Assembly. The Legislative Council can discuss it and give suggestions but cannot reject it permanently. The Legislative Council can delay ordinary bills and suggest changes, but the Legislative Assembly has greater authority. Role and Importance of Legislative Council The Legislative Council has an important role in the democratic system of states that have a two house legislature. One major role of the council is reviewing laws. Sometimes bills may be passed quickly in the Legislative Assembly because of political pressure or majority support. The Legislative Council provides another stage where these bills can be examined carefully. Members of the council can point out mistakes, practical problems and possible effects of new laws. Another important role is providing representation to different groups. In a general election, candidates are elected from geographical areas. However, some sections such as teachers, graduates and experts may not get enough representation. The Legislative Council gives these groups an opportunity to participate in the law making process. The council also brings experience into politics. Many members have professional knowledge and long experience in different fields. Their suggestions can improve government decisions. However, critics of Legislative Councils argue that they are not always necessary. They believe that the Legislative Assembly already represents the people and an additional house increases expenses. The cost includes salaries, allowances, staff, buildings and administrative facilities. Some critics also argue that the council can become a place for political competition rather than a platform for public service. Andhra Pradesh Legislative Council Background Andhra Pradesh has had a Legislative Council at different times in its history. The state originally had a Legislative Council after independence. Later, it was abolished in 1985 during the government of Telugu Desam Party leader N T Rama Rao. The main argument at that time was that the council was causing unnecessary expenses and slowing down the decision making process. However, the Legislative Council was restored in 2007 after a decision by Parliament. Since then, Andhra Pradesh again followed a two house legislature system. The Legislative Council continued to function along with the Legislative Assembly. Members from different categories participated in law making and discussions. However, political differences between the ruling government and opposition later created controversy regarding the role of the council. Andhra Pradesh State Assembly Decision to Abolish Legislative Council In January 2020, the Andhra Pradesh Legislative Assembly passed a resolution to abolish the State Legislative Council. The decision was taken by the government led by the YSR Congress Party. The government argued that the Legislative Council was creating difficulties in implementing policies approved by the elected Legislative Assembly. At that time, several important bills introduced by the Andhra Pradesh government were discussed in the Legislative Council. The government claimed that the opposition had a stronger position in the council and was using its majority to delay government decisions. According to the government, the Legislative Council was affecting the smooth functioning of democracy because decisions taken by the elected Assembly were being delayed. The government argued that members of the Legislative Assembly were directly elected by the people, so their decisions should be given importance. The government also raised the issue of financial expenses. It stated that maintaining an additional house required a large amount of public money. Expenses included salaries of members, allowances, staff payments and other administrative costs. The government believed that these resources could be used for development activities and public welfare schemes instead. The Andhra Pradesh Assembly passed the abolition resolution with the required majority and sent the proposal for further action. However, the abolition process required approval from Parliament, and the matter remained pending.