Legislative Councils in the States: What They Do, How They Are Formed and the Reform Debate
The role of State Legislative Councils (Vidhan Parishads, the upper house of a state legislature) is back in public discussion, with questions on whether states need them at all.
Under Article 168, a state may have one house (only the Legislative Assembly) or two houses (Assembly plus Council). Under Article 169, Parliament creates or abolishes a Council by law, but only after the state Assembly passes a resolution asking for it.
As of now, only six states have a Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka. Proposals from some other states to create one are pending, and earlier proposals to abolish existing Councils have also been made.
The debate covers how members are elected and nominated, how weak the Council's powers are compared with the Assembly, and reforms suggested over the years, including ideas linked to the Second Administrative Reforms Commission (2nd ARC).
State Legislative Council (Vidhan Parishad)
A State Legislative Council is the upper house of a state legislature, like a smaller, weaker version of the Rajya Sabha at the state level. Most states have only the Legislative Assembly. A state with a Council has a "bicameral" (two-house) legislature. Council members are called MLCs, and most of them are elected indirectly, not by the general public.
The current debate is about exactly these features: a Council exists only if the state wants it and Parliament agrees (Article 169), its members come mostly through indirect elections and nomination (Article 171), and it can only delay, not stop, the Assembly. That is why critics call it costly and supporters call it a useful "second look" at hasty laws.
Single Transferable Vote (STV) System
The Single Transferable Vote is a way of voting in which each voter ranks the candidates in order of choice (1, 2, 3 and so on) instead of marking just one. A candidate wins by reaching a fixed number of votes called the "quota". Extra votes of a winner, and votes of the weakest candidate who is knocked out, are passed on to the voters' next choices. This lets smaller groups win seats in proportion to their strength, which is why it is a form of proportional representation.
Members of a Legislative Council who are elected by MLAs, local bodies, graduates and teachers are all chosen through STV. So understanding STV is necessary to understand how a Council is filled and why its members are said to come in "indirectly".
Second Administrative Reforms Commission (2nd ARC)
The Second Administrative Reforms Commission, or 2nd ARC, was a body set up by the Government of India in 2005 to suggest how to make public administration in the country better. Its job was to prepare a complete plan for reforming the government machinery at every level: Union, state, district and local. Between 2006 and 2009 it gave 15 reports on topics such as the Right to Information, ethics, police and public order, local government, civil services and e-governance. Its reports are still among the most quoted documents on governance reform in India, and UPSC uses them often in GS2 and GS4 (Ethics).
When the role of Legislative Councils is debated, the 2nd ARC is cited as a source of reform ideas, especially the idea of turning Councils into a voice for panchayats and municipalities. Knowing what the 2nd ARC was, what it produced and how weakly its reports have been implemented helps you judge whether such a Council reform is likely to happen.
- Article 168: a state legislature may be unicameral or bicameral
- Article 169: Council created or abolished by a law of Parliament after an Assembly resolution passed by a majority of total membership and two-thirds of members present and voting; not an amendment under Article 368
- Article 171: Council size at most one-third of the Assembly, at least 40 members
- Composition: about 1/3 by local bodies, 1/12 by graduates, 1/12 by teachers, 1/3 by MLAs, about 1/6 nominated by the Governor
- Term: 6 years; one-third retire every 2 years; minimum age 30
- Money Bill: Council can hold it for 14 days only
- States with a Council (6): Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka
- MLCs elected by MLAs, local bodies, graduates and teachers are chosen by the Single Transferable Vote
- 2nd ARC: set up 31 August 2005; 15 reports (2006 to 2009)