·The Hindu·15 marks·250–350 words

"Only a few States have Legislative Councils." Discuss the arguments for and against bicameralism at the State level in India.

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In this answer
  1. Arguments for State bicameralism
  2. Arguments against State bicameralism

Article 168 makes a second House optional for States. Under Article 169, an Assembly can create or abolish a Legislative Council by a two-thirds resolution, after which Parliament passes a law [1][2]. Today only six States have a Council: UP, Bihar, Maharashtra, Karnataka, Andhra Pradesh and Telangana. This shows that the case for a second House in the States is still contested.

Arguments for State bicameralism

  • Check on hasty laws: a second House gives Bills a second look [2]. In Andhra Pradesh, the Council sent three Capital Bills to a Select Committee for closer study [2].
  • Wider representation: under Article 171, MLAs and local bodies each elect one-third of members, and graduates and teachers each elect one-twelfth. The Governor nominates one-sixth from people with expertise in fields like literature, science, art and social service [1]. This brings experts into the legislature and links local government to State law-making.
  • Continuity: the Council is a permanent House that cannot be dissolved, and one-third of its members retire every two years [1]. This keeps the legislature running when the Assembly is dissolved.

Arguments against State bicameralism

  • Cost and delay: in the Constituent Assembly, Prof. K.T. Shah warned of a heavy outlay from public funds and of second chambers obstructing necessary laws [2].
  • Weak powers: the Council can only delay ordinary Bills, for at most four months over two rounds, and can hold Money Bills for just 14 days [1]. The Assembly always has the final word.
  • Depends on the ruling party: the Andhra Pradesh Assembly voted to abolish its Council after the Select Committee referral [2]. Tamil Nadu abolished its Council in 1986, and its return has been promised again and again [2].
  • Requests left pending: Assam (2010) and Rajasthan (2012) passed resolutions for new Councils, but the Bills are still pending in the Rajya Sabha [2][3].
  • Party politics in expert seats: in practice, graduate and teacher seats are often fought on party lines, which weakens their purpose.

The debate is less about whether Councils are useful in principle and more about how they are designed and run. Way forward: a national policy with clear criteria for creating or abolishing Councils, a time limit for Parliament to act on Article 169 resolutions, and reform of graduate and teacher seats so they bring real expertise. With these changes, Councils could add to the deliberative democracy the framers had in mind instead of serving party convenience.

Sources

  1. 1Constitution of India: Articles 168, 169, 171, 172, 197, 198 (official text hosted on National e-Vidhan Application, NeVA)optional second House, procedure to create or abolish a Council, its composition, permanence, limits on delaying Bills
  2. 2PRS Legislative Research, "Bengal wants Upper House back: how states have Councils" (2021)Article 169 procedure, check on hasty laws, Andhra Pradesh Capital Bills and abolition resolution, Tamil Nadu 1986, K.T. Shah's critique, Assam and Rajasthan Bills pending
  3. 3PRS Bill Track, The Assam Legislative Council Bill, 2013Bill introduced in the Rajya Sabha, no further passage recorded

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