What is state Legislative Council(Vidhan Parishad) Under Indian Constitution: Article 168, 169, 171

 WHAT IS STATE LEGISLATIVE COUNCIL (VIDHAN PARISHAD)

Recently west Bengal government has decided to set up legislative council. This bill has been introduced in the state Assembly only and waits for governor permission. The west Bengal legislative council in the state was abolished in1969. But recently government demand for it. In India six states having a legislative council. The list of states is:

• Andhra Pradesh,
• Telangana (telangana is the latest state have a council)
• Uttar Pradesh
• Bihar
• Maharashtra
• Karnataka
• In 2019, the Jammu and Kashmir legislative council was abolished by the Jammu and Kashmir reorganization bill 2019. Now the j & k is not a state it is a union territories.

ARTICLE 168 OF CONSTITUTION OF INDIA

• Article 168 is about constitution of legislatures in states.
• Every state have legislature which shall consist of the governor.
• In the state have two houses (Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka).
• Where there are two houses of the legislature of state known as LEGISLATIVE COUNCIL.
• And where there is only one house of the legislature of state
  known as LEGISLATIVE ASSEMBLY.

ARTICLE 169 0F CONSTITUTION OF INDIA

• Article 169 is about abolition or creation of legislative council in states.
• The parliament can create a legislative council in any state by a simple majority.
   
• And other parliament can also abolish the legislative council.
• If the legislature assembly of the state passes a resolution to that effect by special majority.
• In special majority of the total membership of the assembly and not less than 2/3 rd of the members of the assembly.

ARTICLE 171 OF CONSTITUTION OF INDIA

• Article 170 is about composition of the state legislative
  assemblies.
• The state legislative council strength shall not have
  more than one third of the total strength of the state
  assembly.
•  In state legislative council not less than 40 members.
• Like Rajya Sabha, it is a permanent body and it is not
  subject to dissolution.
• The tenure of a member of legislative council (MLC) is
  6 years.
• One third of the members retiring every two years.

ELECTION OF LEGISLATIVE COUNCIL OR MEMBER OF LEGISLATIVE COUNCIL (MLC)

•  One third is elected by the members of local bodies like Municipalities, gram Panchayats, and districts councils.
•  One third is elected by the members of legislative assembly of the state.
• One sixth is nominated by governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
• One twelfth is elected by an electorate of teachers.
• One twelfth is elected by registered graduates.

ARGUMENTS AGAINST LEGISLATIVE COUNCIL

• The legislative council can delay legislation and considered a burden on the state budget.
• It can also be used to park leaders who have not been able to win an election.

NO POWERS OFSTATE LEGISLATIVE COUNCIL

• The constitution of India gives limited powers to state legislative council.
• The state legislative council also has no role in the passing of money bills.

By: Shubham Attri

(Law Student at IPU, DELHI)