Introduction to Bicameralism at State Level
The Indian Constitution provides for a bicameral legislature at the state level in some states, comprising the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). While the Legislative Assembly is the directly elected and primary House, the Legislative Council serves as a second chamber. However, the constitutional position of the Legislative Council is significantly weaker than that of its counterpart, the Legislative Assembly, and also in comparison to the Rajya Sabha at the Union level. This unequal status is evident in its limited powers across legislative, financial, executive, and constituent domains.
(Source: M. Laxmikanth - Indian Polity, NCERT - Indian Constitution at Work)
15.10.1: Unequal Status with the Legislative Assembly
The Legislative Council (Vidhan Parishad) is a weaker house compared to the Legislative Assembly (Vidhan Sabha) in almost all respects. The Constitution clearly grants supremacy to the Assembly.
Money Bills (Articles 198, 199)
A Money Bill can be introduced only in the Legislative Assembly. The Council has an advisory role only; it cannot reject or amend a Money Bill. It must return the bill within 14 days. The Assembly's decision is final.
Ordinary Bills (Article 196)
While an Ordinary Bill can originate in either House, the Council can only delay its passage. It can delay for a maximum of 3 months in the first instance and 1 month more upon re-passage by the Assembly (total 4 months). No joint sitting; Assembly's will prevails.
Control over Executive (Article 164)
The Council of Ministers is collectively responsible only to the Legislative Assembly. The Legislative Council has no effective control over the executive and cannot pass a no-confidence motion against the state government.
Presidential Election (Article 54)
Members of the Legislative Council do not participate in the election of the President of India. Only elected members of the Legislative Assembly (MLAs) are part of the Electoral College.
Constitutional Amendments (Article 368)
The Legislative Council has no role in the process of constitutional amendment. It cannot initiate a constitutional amendment bill, and ratification of federal provisions is done by the Assembly.
Existence Depends on Assembly (Article 169)
The existence of the Legislative Council itself depends on the will of the Legislative Assembly. Parliament can create or abolish it if the Assembly passes a resolution by a special majority, underscoring its supremacy.
(Source: Articles 54, 164, 169, 196, 198, 199, 368 of the Indian Constitution; M. Laxmikanth - Indian Polity)
Utility vs. Criticism: The Debate
15.10.2: Justification/Utility of Legislative Council
Checks Hasty Legislation
Provides a revisory or second-thought mechanism, preventing the Legislative Assembly from passing ill-conceived or flawed legislation, offering detailed review.
Platform for Experts/Eminent Persons
Allows representation of experts, intellectuals, and professionals (e.g., from arts, science, literature) who may not participate in direct elections but can contribute significantly.
Enables Experienced Legislators
Accommodates experienced individuals who may have lost Assembly elections but possess valuable legislative experience, allowing them to continue contributing to public life.
Forum for Dispassionate Debate
Being indirectly elected or nominated, members might be less swayed by immediate electoral considerations, potentially leading to more objective debates.
Representation of Diverse Interests
Through its varied composition (local bodies, graduates, teachers, nominated members), it can provide representation to various sections and interests of society.
15.10.3: Criticism of Legislative Council
Superfluous and Redundant
Critics argue that it largely duplicates the work of the Assembly and, given its limited powers, is an unnecessary second chamber, adding little value.
Expensive and Drain on State Exchequer
Maintaining a second House, including salaries and infrastructure, involves significant public expenditure, which many states find a costly burden for its limited benefits.
Causes Delays
Although its delaying power is limited, it can still cause unnecessary delays in the passage of essential legislation, potentially hampering governance.
Haven for Defeated Politicians/Political Patronage
Often perceived as a "backdoor entry" for individuals who have lost direct elections or as a means for the ruling party to reward loyalists.
Weak Accountability
Since it has no effective control over the executive and cannot pass a no-confidence motion, it does not enhance governmental accountability in a meaningful way.
Undemocratic
A significant portion of its members are either indirectly elected or nominated, raising questions about its democratic legitimacy compared to the directly elected Assembly.
(Source: M. Laxmikanth - Indian Polity; Debates of the Constituent Assembly; Various Administrative Reforms Commission reports; News reports)
15.10.4: Comparison with Rajya Sabha (Council of States)
The Rajya Sabha (Council of States) at the Union level shares some similarities with the State Legislative Council as a second chamber, but its powers are significantly more substantial and equal to the Lok Sabha in many respects, making it a much stronger and more relevant institution.
| Feature | State Legislative Council (Vidhan Parishad) | Rajya Sabha (Council of States) |
|---|---|---|
| Status Relative to First Chamber | Subordinate/Weaker House to Legislative Assembly. | Equal Status with Lok Sabha in most legislative matters (ordinary bills, constitutional amendments). |
| Ordinary Bills | Can only delay for a maximum of 4 months (3 + 1). No joint sitting. Assembly's will prevails. | Has equal powers with Lok Sabha. Deadlock resolved by a joint sitting (Art 108), where Lok Sabha usually prevails due to larger membership. |
| Money Bills | Advisory role only. Can delay for 14 days. Cannot reject or amend. Assembly's will prevails. | |
| Constitutional Amendment Bills | No role in initiating or passing constitutional amendment bills. Only State Assembly (and other Assemblies) ratifies federal amendments. | Has equal powers with Lok Sabha. Must pass such bills by special majority. |
| Control over Executive | No effective control. Council of Ministers is responsible only to Assembly. Cannot pass no-confidence motion. | Can discuss and ask questions. Can pass censure motion (though not against CoM directly). Does not pass no-confidence motion (CoM responsible to Lok Sabha). |
| President's Election | Members do not participate. | Elected members participate. |
| Vice-President's Election | No role. | Members participate. |
| Removal of Judges (SC/HC), CEC, CAG | No role. | Has equal powers with Lok Sabha in the process of their removal (address passed by special majority in both Houses). |
| Emergency Proclamations | No direct role in approval. | Has equal powers with Lok Sabha in approving proclamations of National, State, and Financial Emergency. If Lok Sabha is dissolved, RS's approval alone is sufficient. |
| Special Powers | No special powers. | Has two unique special powers: 1. Power to declare that it is necessary in the national interest for Parliament to legislate on a matter in the State List (Art 249). 2. Power to declare that it is necessary to create one or more All-India Services (Art 312). |
| Existence | Not permanent. Can be abolished or created by Parliament's simple law, based on Assembly's special resolution (Art 169). | Permanent House. Cannot be dissolved. One-third of its members retire every two years. |
(Source: M. Laxmikanth - Indian Polity; Articles 80, 108, 110, 111, 169, 196, 198, 199, 249, 250, 312, 352, 356, 368 of the Indian Constitution)
Summary: Position of Legislative Council
| Aspect | Legislative Assembly (Lower House) | Legislative Council (Upper House) | Rajya Sabha (Union Upper House) |
|---|---|---|---|
| Composition | Directly elected by people | Partially elected, partially nominated | Elected by MLAs, partially nominated |
| Creation/Abolition | Permanent (unless dissolved) | Can be created/abolished (Art 169) | Permanent House (Cannot be dissolved) |
| Money Bills | Exclusive powers | Advisory only (14-day delay) | Advisory only (14-day delay) |
| Ordinary Bills | Dominant; final say after 4 months | Can delay for 4 months (3+1) | Equal powers; joint sitting for deadlock |
| No-confidence Motion | Can pass (CoM responsible to it) | Cannot pass | Cannot pass (CoM responsible to Lok Sabha) |
| Presidential Election | Elected members participate | Do not participate | Elected members participate |
| Constitutional Amendment | Ratification (federal provisions) | No role in initiation or ratification | Equal powers (initiate, pass by special majority) |
| Special Powers | None | None | Art 249 (State List), Art 312 (All-India Services) |
Prelims-ready Notes: Quick Facts
- Unequal Status: Council weaker than Assembly.
- Money Bills: Council has only advisory role, 14-day delay. Assembly's decision final.
- Ordinary Bills: Council can delay for max 4 months. No joint sitting. Assembly's will prevails.
- Executive Control: CoM responsible only to Assembly. Council cannot pass no-confidence.
- Presidential Election: MLCs do not vote.
- Constitutional Amendments: MLCs have no role in ratification.
- Existence: Parliament creates/abolishes based on Assembly's special majority resolution (Art 169).
- Justification: Check on hasty laws, platform for experts/eminent persons, revisionary role, sober second thought.
- Criticism: Superfluous, expensive, delays, political patronage, haven for defeated politicians.
- Rajya Sabha vs. Council: RS is more powerful (equal in ordinary bills, constitutional amendments, special powers Art 249/312), members vote in President/VP elections, RS is permanent.
Mains-ready Analytical Notes
Bicameralism at State Level: The debate frequently resurfaces whether the benefits (revisionary function, expert representation) outweigh the costs (financial burden, delays, patronage) and the constitutional imbalance. Many states (e.g., Punjab, West Bengal) have abolished their Councils, while others (e.g., Rajasthan, Assam) have proposals for creation pending, reflecting diverse views on their utility.
Erosion of Purpose: Critics argue that Councils have devolved into avenues for political rehabilitation or reward, undermining their original purpose of providing a forum for dispassionate and intellectual debate.
Democratic Deficit: The argument that indirectly elected or nominated members (MLCs) should not have powers that can impede the will of the directly elected Assembly.
Cycles of Creation and Abolition: States have a history of creating and abolishing Councils. For example, Andhra Pradesh abolished its Council in 1985, recreated it in 2007, and again passed a resolution for its abolition in 2020 (though this move was reversed by the new government in 2024). This fluidity indicates the ongoing lack of consensus on their necessity.
Recommendations of Commissions: Various commissions (e.g., Sarkaria Commission, Punchhi Commission, Administrative Reforms Commissions) have commented on the role of Legislative Councils, often recommending a review of their utility or clearer guidelines for their functioning.
Fiscal Burden: In an era of increasing fiscal deficits for states, the cost of maintaining a Legislative Council is a significant consideration, especially when its output is perceived as minimal.
Political Maneuvering: Councils are sometimes used as a tool for political maneuvering, either to pass controversial bills without strong Assembly opposition (if the ruling party has a majority in Council but not Assembly) or to block legislation (if the opposition dominates the Council).
Representation of Special Interests: They continue to provide a platform for various interest groups (teachers, graduates, local bodies), ensuring their voice in the legislative process, though the effectiveness of this representation is debatable.
Andhra Pradesh (2020-2024): The YSRCP government in Andhra Pradesh passed a resolution to abolish the Legislative Council in 2020, citing financial burden and obstruction. However, the subsequent TDP-led NDA government in 2024 reversed this decision, deciding to retain the Council. This vividly illustrates the political and practical debates surrounding the Councils.
West Bengal (2021): The Mamata Banerjee-led TMC government in West Bengal initiated steps to revive the Legislative Council after its victory in the 2021 Assembly elections, primarily to bring in new faces into the legislative fold without requiring them to contest direct elections. This proposal is pending before Parliament.
Rajasthan and Assam: Both states have had proposals for the creation of Legislative Councils passed by their Assemblies, which are pending before Parliament for approval. This shows a continued interest by some states in adopting bicameralism despite criticisms.
Test Your Knowledge: UPSC Questions
Prelims MCQs
Consider the following statements:
- The Parliament of India can place a particular law in the Ninth Schedule of the Constitution of India.
- The validity of a law placed in the Ninth Schedule cannot be examined by any court.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) Both 1 and 2
- (d) Neither 1 nor 2
Answer: (a)
Explanation: Statement 1 is correct. Parliament, through constitutional amendment, can place laws in the Ninth Schedule. Statement 2 is incorrect. The Supreme Court, in the I.R. Coelho case (2007), ruled that laws placed in the Ninth Schedule after April 24, 1973 (date of Kesavananda Bharati judgment) are open to judicial review if they violate the basic structure of the Constitution. State legislatures, including the Council, have no direct role in placing laws in the Ninth Schedule or initiating constitutional amendments.
Consider the following statements:
- A Money Bill can be introduced in any of the Houses of Parliament.
- The Speaker of the Lok Sabha is the final authority to decide whether a Bill is a Money Bill or not.
- When a Money Bill is presented to the President of India, he cannot return the Bill for reconsideration.
Which of the statements given above is/are correct?
- (a) 1 and 2 only
- (b) 3 only
- (c) 2 and 3 only
- (d) 1, 2 and 3
Answer: (c)
Explanation: Statement 1 is incorrect; a Money Bill can only be introduced in the Lok Sabha. Statement 2 is correct (Article 110(3)). Statement 3 is correct; the President must either give assent or withhold assent but cannot return a Money Bill for reconsideration (Article 111 proviso). This question, though about Parliament, directly tests the limited powers of the second chamber (Rajya Sabha) regarding Money Bills, which is analogous to the Legislative Council's limited powers at the state level.
The Parliament of India acquires the power to legislate on any item in the State List in the national interest if a resolution to that effect is passed by the:
- (a) Lok Sabha by a simple majority of its total membership
- (b) Lok Sabha by a majority of not less than two-thirds of its members present and voting
- (c) Rajya Sabha by a simple majority of its total membership
- (d) Rajya Sabha by a majority of not less than two-thirds of its members present and voting
Answer: (d)
Explanation: This question highlights a unique special power of the Rajya Sabha (Article 249) that the Legislative Council does not possess. If the Rajya Sabha declares by a resolution supported by not less than two-thirds of the members present and voting that it is necessary or expedient in the national interest that Parliament should make laws with respect to any matter enumerated in the State List, Parliament can legislate on that matter.
Mains Questions
"The Legislatures of States are not merely Law-making bodies but they also represent the aspirations of the people, their problems and their solutions". Elaborate with examples.
Hint/Explanation:
This question, while broad, allows for a critical discussion on whether the Legislative Council (where it exists) truly contributes to representing "aspirations" and finding "solutions," or if its limited powers reduce its effectiveness in this role. An effective answer would discuss the functions of state legislatures beyond law-making, such as representation, accountability, deliberation, and conflict resolution. It can then touch upon how bicameralism, through the Council, aims to enhance these roles by providing a platform for experts and sober second thought, but often falls short due to its weaker position and criticisms like political patronage.
Discuss the salient features of the 101st Constitutional Amendment Act. Do you think it is a step in the right direction to facilitate 'cooperative federalism'?
Hint/Explanation:
The 101st Amendment Act (GST) had a significant impact on the financial powers of state legislatures. A good answer would discuss how this amendment altered states' revenue-generating capabilities and thus their budgetary powers, which are enacted through the State Legislature. While not directly about the Legislative Council, it touches upon the limitations on financial autonomy of state legislatures and how financial bills (money bills) are handled within the state legislature, where the Assembly holds supremacy, and the Council has a limited role.
Against the backdrop of the recent controversy regarding the 'ordinance route' for legislation, discuss the powers of the Governor to promulgate ordinances. Why has the 'ordinance route' been a point of contention in India?
Hint/Explanation:
This question, about the Governor's ordinance power (Article 213), directly relates to the legislative process at the state level. Frequent use of ordinances highlights bypassing the State Legislature (including the Council), and thus underscores a criticism of the legislature's role in law-making. It emphasizes the importance of legislative deliberation and the potential undermining of democratic processes when ordinances are used excessively, bypassing the scrutiny that both the Assembly and, to a lesser extent, the Council would provide.
Original MCQs for Prelims
Which of the following statements about the Legislative Council (Vidhan Parishad) is/are correct?
- The Legislative Council can initiate a Money Bill in a state.
- If an Ordinary Bill originating in the Legislative Council is rejected by the Legislative Assembly, the bill lapses.
- Members of the Legislative Council participate in the election of the Vice-President of India.
Select the correct answer using the code given below:
- (a) 1 only
- (b) 2 only
- (c) 1 and 3 only
- (d) 1, 2 and 3
Answer: (b)
Explanation: Statement 1 is incorrect; Money Bills can only be initiated in the Legislative Assembly. Statement 2 is correct; if an Ordinary Bill originating in the Council is rejected by the Assembly, it lapses. Statement 3 is incorrect; MLCs do not participate in the election of the Vice-President (only MPs of both Houses of Parliament participate).
Consider the following in the context of the creation or abolition of a Legislative Council in a state:
- A resolution for creation or abolition must be passed by the Legislative Assembly with a special majority.
- The ultimate decision for creation or abolition rests with the Parliament of India.
- A law for creation or abolition is considered a constitutional amendment under Article 368.
Which of the statements given above is/are correct?
- (a) 1 only
- (b) 2 only
- (c) 1 and 2 only
- (d) 1, 2 and 3
Answer: (c)
Explanation: Statement 1 is correct (Art 169(1)). Statement 2 is correct (Art 169(1)). Statement 3 is incorrect; such a law is NOT considered a constitutional amendment under Article 368 (Art 169(3)), meaning it can be passed by Parliament by a simple majority.
Original Descriptive Questions for Mains
"The Legislative Council, often criticized as a superfluous body, continues to exist in certain states, prompting a debate about its real value in a democratic setup." In light of this statement, critically evaluate the arguments for and against the continued existence of Legislative Councils in India, and suggest reforms to enhance their utility.
Key Points/Structure:
- Introduction: Briefly introduce the Legislative Council and its constitutional position, mentioning its subordinate role to the Assembly.
- Arguments Against (Criticism): Detail why it's considered superfluous: financial burden, limited legislative powers (delaying only), not effective control over executive, haven for political patronage, undemocratic nature of selection/nomination.
- Arguments For (Justification): Explain its intended utility: revisory role, platform for experts/eminents, representation of diverse interests, sober second thought.
- Real Value vs. Perceived Value: Discuss how the practical functioning often falls short of the ideal. Refer to states abolishing/proposing abolition or creation.
- Reforms to Enhance Utility: Suggest strengthening its powers (within federal limits), ensuring merit-based nominations, improving committee work and legislative scrutiny, encouraging meaningful debates, or revisiting composition.
- Conclusion: Offer a balanced view, acknowledging theoretical benefits but emphasizing the need for significant reforms or reconsideration of their necessity in light of contemporary governance challenges and fiscal realities.
Compare and contrast the powers and functions of the State Legislative Council with those of the Rajya Sabha, highlighting why the Rajya Sabha enjoys a significantly more powerful and relevant position within the Indian parliamentary system.
Key Points/Structure:
- Introduction: Briefly introduce both chambers as second chambers at state and union levels.
- Similarities (Brief): Both are second chambers, provide for indirect representation, have some members nominated, and are not responsible for the executive's confidence.
- Key Differences (Contrast - tabular form or point-by-point): Cover Legislative Powers (Ordinary Bills, Money Bills), Constituent Powers, Executive Control, Electoral Powers, Special Powers (Art 249, 312 for RS), Permanence, Emergency Approval, Removal of key functionaries.
- Reasons for Rajya Sabha's Stronger Position: Federal House (represents states), checks on Lok Sabha, platform for eminent persons, permanence (continuity).
- Conclusion: Summarize that the fundamental difference lies in their constitutional design and purpose – Rajya Sabha as a genuine federal chamber with significant legislative equality, whereas the Legislative Council is primarily a subordinate chamber designed for limited revision.