Compare the position of the Legislative Council in a State with that of the Rajya Sabha in Parliament.
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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
- 1The Constitution of India, Legislative Department, Ministry of Law & JusticeArt. 54, 79–80, 83, 108, 109, 169, 171, 172, 197, 198, 249, 312, 368
- 2PRS Legislative Research — A Rajya Sabha for Every Statethe case for making second chambers standard in all States
- 3PRS Legislative Research — Bengal wants Upper House back: how states have Councilsonly six States have Councils
- 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
- 5PRS Legislative Research — A House of Their Owngraduate and teacher seats suited the years soon after independence