Legislative Council

WHY IN NEWS?

Andhra Pradesh Cabinet has approved a statutory resolution seeking the abolition of the Legislative Council.

ABOUT LEGISLATIVE COUNCIL

• India has a bicameral system i.e., two Houses of Parliament. At the state level, the equivalent of the Lok Sabha is the Vidhan Sabha or Legislative Assembly; that of the Rajya Sabha is the Vidhan Parishad or Legislative Council.
• The Vidhan Parishad of united Andhra Pradesh was created on July 1, 1958, and dissolved on May 31, 1985. It was resurrected after 22 years, on March 30, 2007.
• Since the bifurcation of Andhra Pradesh in 2014, the Council has had 58 members.
• Besides Andhra Pradesh, five other states have Vidhan Parishads — Bihar (58 members), Karnataka (75), Maharashtra (78), Telangana (40), UP (100). Jammu and Kashmir had a Council until the state was bifurcated into the Union Territories of J&K and Ladakh.
• Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.
• Strength of the house: As per article 171 clause (1) of the Indian Constitution, the total number of members in the legislative council of a state shall not exceed one third of the total number of the members in the legislative Assembly of that state and the total number of members in the legislative council of a state shall in no case be less than 40.

How are members of the Council elected?

• 1/3rd of members are elected by members of the Assembly.
• 1/3rd by electorates consisting of members of municipalities, district boards and other local authorities in the state.
• 1/12th by an electorate consisting of teachers.
• 1/12th by registered graduates.
• The remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, the cooperative movement, and social service.

Prelims Question

Q. Consider the following statements regarding Legislative Council:
1.Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.
2.The total number of members in the legislative council of a state shall in no case be less than 40.
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 to the Prelims Question