·The Hindu·15 marks·250–350 wordsPolity

Compare the position of the Legislative Council in a State with that of the Rajya Sabha in Parliament.

New · District CollectorCan you hold the district for 72 hours?Floods, a heatwave, an outbreak, a grievance queue. Take the decisions, see the consequences.Play →
In this answer
  1. Similarities
  2. Differences
  3. Why the Council is weaker

Bicameralism in India is unequal at both levels, but much more so in the States. The Rajya Sabha is a mandatory "Council of States" (Art. 79–80). The Legislative Council (Vidhan Parishad) is optional (Art. 169) and exists in only six States [1][3]. The two houses look alike in form but differ sharply in power.

Similarities

  • Permanent houses: neither is dissolved. One-third of members retire every two years (Art. 83, 172) [1].
  • Money Bills: both get only 14 days and can only recommend changes (Art. 109, 198) [1].
  • Composition: members are elected indirectly, and some are nominated for expertise in fields such as literature, science, art and social service (Art. 80, 171) [1].

Differences

Aspect Rajya Sabha Legislative Council
Existence Mandatory; abolishing it needs a constitutional amendment Created or abolished by an ordinary law of Parliament after an Assembly resolution (Art. 169) [1]
Ordinary Bills Can reject them; a deadlock is settled by a joint sitting (Art. 108) Can only delay, by 3 + 1 months; no joint sitting (Art. 197) [1]
Constitutional amendments Equal power with the Lok Sabha (Art. 368) No role in passing them
Special powers Art. 249 (State List), Art. 312 (All-India Services) None
Electoral role Members elect the Vice-President; elected members vote for the President MLCs do not vote for the President (Art. 54)
Basis of representation The States, as federal units Function: local bodies, graduates and teachers (1/12 each) [1]

Why the Council is weaker

  • No federal role: the Rajya Sabha speaks for the States within the Union. Inside a State, the Council has no such federal unit to represent [1].
  • Weak legitimacy: its mostly indirect electorate cannot claim the right to override a directly elected Assembly. PRS notes that graduate and teacher seats suited an era when such voters were rare [5].
  • Unstable existence: a parliamentary committee called Article 169 "highly politicised". The Rajasthan Council Bill has been pending since 2013 [4].

Overall, the Rajya Sabha is a co-equal federal chamber in most areas, while the Council is mainly a delaying, advisory house. Abolishing Councils is not the answer. A national policy on Councils, as the Standing Committee recommended [4], could give them clear criteria and a modern composition. PRS's idea of "a Rajya Sabha for every State" [2] points the same way. Together these could make Councils real chambers of second thought and strengthen deliberative democracy.

Sources

  1. 1The Constitution of India, Legislative Department, Ministry of Law & JusticeArt. 54, 79–80, 83, 108, 109, 169, 171, 172, 197, 198, 249, 312, 368
  2. 2PRS Legislative Research — A Rajya Sabha for Every Statethe case for making second chambers standard in all States
  3. 3PRS Legislative Research — Bengal wants Upper House back: how states have Councilsonly six States have Councils
  4. 4Rajya Sabha Standing Committee Report on the Rajasthan Legislative Council Bill, 2013 (PRS)Art. 169 "highly politicised"; call for a national policy; Bill pending since 2013
  5. 5PRS Legislative Research — A House of Their Owngraduate and teacher seats suited the years soon after independence
Practice
8 questions on this article
Check the answer for each question, or reveal all at once.
Practice MCQs →

More from this note

More on Polity