Legislative Body of the State
The Legislative Council in Indian States: A Complementary Role
In the bicameral state legislatures of India, the Legislative Council, also known as Vidhan Parishad, plays a significant yet distinct role, primarily defined under Articles 168 to 212 of the Constitution, with Article 171 being particularly significant.
Roles and Responsibilities
The Legislative Council shares the function of legislating by introducing and passing ordinary bills along with the Legislative Assembly (Vidhan Sabha). However, in case of disagreement between the two houses on a bill, the Assembly's decision prevails, reflecting a subordinate legislative power compared to the Assembly.
The Council approves ordinances issued by the Governor of the state, acting as a body for legislative oversight between sessions. The Council generally has lesser control over the executive, as the executive is responsible only to the Legislative Assembly.
The Council considers reports of important constitutional bodies like the State Finance Commission, Public Service Commission, and the Comptroller and Auditor General of India, and may recommend enlarging the jurisdiction of the State Public Service Commission.
Unlike the Legislative Assembly, which is subject to dissolution, the Legislative Council is a permanent chamber with one-third of the members retiring every two years.
Constitutional Definition
Article 168 defines the composition of a state legislature, which can be unicameral or bicameral. Article 171 specifically governs the composition, election, and term of the Legislative Council. It mandates the Council’s membership to be elected through various electorates including members of local bodies, Legislative Assembly members, graduates, and teachers, ensuring diverse representation.
The Legislative Council's powers and position are designed to be less powerful but complementary to the Legislative Assembly, meant to act as a revising chamber rather than a co-equal legislature, preventing hasty legislation and providing detailed scrutiny.
In summary, the Legislative Council functions as a revising and advisory upper house in some Indian states, facilitating legislative review, representation of diverse interests, and some checks on government ordinances and reports. However, the ultimate legislative supremacy and executive accountability rest with the Legislative Assembly. Six states have a Legislative Council: Bihar, Uttar Pradesh, Maharashtra, Andhra Pradesh, Telangana, and Karnataka.
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