Sambhav-2025

Approach Briefly define the concept of a Legislative Council in India. Mention the relevance of having a Legislative Council in some states of India. Provide arguments against extending Legislative Councils to more States. To conclude, specific criteria should be recommended for the creation of Legislative Councils.

Introduction

Legislative Councils function as the upper house in the bicameral legislatures of certain Indian states. As per Article 169 of the Constitution, a state can create or abolish a Legislative Council through a resolution in the Legislative Assembly, followed by parliamentary approval. Currently, six states have Legislative Councils—Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.

Body

Relevance of Legislative Councils in Existing States

• Revising and Reviewing Legislation :
  • Legislative Councils provide a second layer of scrutiny to bills passed by the Legislative Assembly, reducing the chances of hasty or flawed lawmaking.
• Expertise in Lawmaking :
  • Members of Legislative Councils (MLCs) include professionals, academicians, and eminent personalities who bring expertise and experience, improving legislative quality.
• Strengthening Democratic Representation
  • In states with large populations and diverse communities, Legislative Councils can provide a platform for broader political representation.
• Federal Balance and State Autonomy :
  • Councils enhance the federal spirit by giving a wider section of society a voice in governance, strengthening democracy at the state level.
• Representation of Marginalized Sections :
  • Legislative Councils allow representation for graduates, teachers, and other interest groups who may not otherwise have a say in state policymaking.

---

Arguments Against Expanding Legislative Councils

• Financial Burden :
  • Maintaining a Legislative Council requires significant expenditure. Given resource constraints, many argue that funds should be allocated to essential services rather than additional legislative structures.
• Limited Legislative Power :
  • Unlike the Rajya Sabha at the central level, State Legislative Councils lack substantial legislative power.
  • They cannot block money bills and serve only as an advisory body, raising questions about their necessity.
• Risk of Political Patronage :
  • In some states, Legislative Councils have been criticized for becoming a tool for political favoritism, where ruling parties nominate allies rather than independent experts.
• Historical Rationale No Longer Relevant :
  • Legislative Councils were initially formed in select states based on historical and demographic needs. Expanding them to more states may not be justified without a strong rationale.
  • The National Commission to Review the Working of the Constitution (2002) questioned their necessity, suggesting that their expansion should be based on contemporary governance needs rather than historical precedent (NCRWC Report, 2002)

Conclusion

While Legislative Councils have certain advantages, their expansion must be justified based on state-specific needs. States with large populations, complex governance structures, and diverse communities might benefit from a bicameral system. However, to prevent political misuse and financial strain, reforms must be introduced, such as better nomination processes and clearer functional mandates.

Thus, rather than a blanket expansion, a case-by-case assessment should determine whether more states require Legislative Councils.