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At both the national and state levels, India is governed by a bicameral government. The state legislature is split into two categories under this system: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). The people elect members of the Legislative Assembly directly through assembly elections. The Vidhan Parishad, or Legislative Council, is a permanent body that can be constituted or repealed by a special resolution passed by the Legislative Assembly.
The functions of the Legislative Council are
- Enact laws
- The State Legislative Council is likewise not involved in the passage of appropriation bill.
- The Chairman as well as Deputy Chairman of either the State Legislative Council, on the other hand, have the same position as Cabinet Ministers in the state.
The Legislative Council is being criticised for many reasons.
As per the consideration of the Legislative body in India, no state has the sovereignty of amending constitutions in the formation of legislative councils. The state legislative council has three major powers: (i) legislative powers, (ii) financial powers, and (iii) executive control. The Council of the State Legislature is a relatively weak House with limited powers.
COMPOSITION
- It can be seen that, Six of the 28 states have a legislative council as of January 2020.
- States like Andhra Pradesh, Maharashtra, Telangana, Bihar, Karnataka, and Uttar Pradesh are among the states having bicameral legislatures.
- Both the Legislative Council and the Legislative Assembly exist in these states.
Difference between the Legislative Assembly and the Legislative Council
Legislative Assembly | Legislative Council |
Unless it is dissolved sooner at the initiative of the chief minister, the Legislative Assembly has a five-year tenure. | Council members have a six-year term, and every two years, a third of the house members resign. |
The Legislative Assembly, like the Lok Sabha in the Parliament, is the lowest chamber. | The Legislative Council is the state’s upper chamber, and it, like the Rajya Sabha, is a permanent body. |
Selection procedure in Legislative Council
- The council members are either appointed or indirectly elected by the Governor of the state.
- The Legislative Assembly elects one-third of the members of this House.
- Local governments, such as municipalities and other local authorities, elect one-third of the members.
- Graduates elect one-twelfth of the board members.
- Teachers elect one-twelfth of the board members.
- The Governor nominates one-sixth of the members.
- From among its members, the legislative Council elects its Chairman, who also serves as presiding officer and Deputy Chairman.
A person cannot be a Member of Parliament and a State legislature at the same time unless they are Indian citizens over the age of 30.
FUNCTIONS OF LEGISLATIVE COUNCIL:
To sum up, the Legislative Council has three main functions: enact laws, approve public expenditure and monitor the work of the government.
The Legislative Council has limited powers under the Indian Constitution. It has no power to form or break governments. It is unable to refuse Finance Bills. There are, nevertheless, certain advantages: The Chairman and Deputy Chairman of the Council have the position of Cabinet Ministers in the state.
It is significant for two reasons: a) it ensures that those who may not be elected are able to participate in the legislative process; and b) it ensures that individuals who may not be elected are capable of contributing to the parliamentary process (like artists, scientists, etc). b) It can keep a watch on the Legislative Assembly’s hasty choices.
At council meetings members may raise questions to the government concerning its work, either to seek information or ask for official action with regard to a particular matter. To monitor the work of government members may debate motions with no legislative effect to express their views on issues concerning public interest or call on the governor to take certain actions.
Legislative council has exclusive powers to make laws for the state on the 66 subjects included in the state list and can make laws on 47 subjects mentioned in the concurrent list.
Dissolvement of Legislative Council
While the Legislative Council, like the Rajya Sabha, is a permanent House, it can be dissolved. According to Article 169 of the Indian constitution, Parliament can form or dissolve the Council in a state provided the state’s Legislative Assembly approves a special majority resolution to that effect. In Andhra Pradesh, the Vidhan Parishad was dissolved by Parliament in 1985, but it was reconstituted in March 2007.
CONCLUSION
The legislature occupies an important role in the modern state. It is regarded as the most important organ of the government. The legislature represents the general will of the people in the democratic system. This is the organ of government, which is primarily concerned with the function of making laws.
It provides a basis for the working of the executive and judiciary. Unless laws are made the question of enforcing them or interpreting them does not arise. It can be said the executive and judicial organ cannot function without the legislature.
