West Bengal to get a Legislative Council (LC)

• India has a bicameral system i.e., two Houses of Parliament.
• At the state level, the equivalent of the Lok Sabha is the Vidhan Sabha or Legislative Assembly; that of the Rajya Sabha is the Vidhan Parishad or Legislative Council.

How to create a Legislative Council?

• Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.
• Currently, six states have Legislative Councils (Andhra Pradesh, Bihar, Karnataka, Uttar Pradesh, Maharashtra, Telangana). AP was considering to abolish Legislative Council.
• Earlier there were seven states including the state of Jammu and Kashmir but it had been abolished through the J&K Reorganization Bill 2019 which changed the status of the state to Union Territories of J&K and Ladakh.
• Legislative Councils are permanent Houses, and like Rajya Sabha, one-third of their members retire every two years.

Why is there a need for Legislative Council?

A Legislative Council is considered important for the following reasons:

• To act as a check on hasty actions by the popularly elected House
• To ensure that individuals who might not be cut out for the rough-and-tumble of direct elections too are able to contribute to the legislative process.
• Having a second chamber would allow for more debate and sharing of work between the Houses.
• A Legislative Council can help check hasty actions by the directly elected House.
• The Legislative Council also enables non-elected individuals to contribute to the legislative process.

Arguments against LCs

• Rather than fulfilling the lofty objective of getting intellectuals into the legislature, the forum is likely to be used to accommodate party functionaries who fail to get elected.
• They can be used to delay progressive legislation.
• It is also an unnecessary drain on the exchequer.
• Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack the constitutional mandate to do so. Legislative Assemblies have the power to override suggestions/amendments made to legislation by the Council.
• While Rajya Sabha MPs can vote in the election of the President and Vice-President, members of Legislative Councils can’t. MLCs also can’t vote in the elections of Rajya Sabha members.
• As regards Money bills, only fourteen days’ delay can be caused by the Council, which is more or less a formality rather than a barrier in the way of Money Bill passed by the Assembly.

Strength of LCs

As per article 171 clause (1) of the Indian Constitution, the total number of members in the legislative council of a state shall not exceed one-third of the total number of the members in the Legislative Assembly of that state and the total number of members in the legislative council of a state shall in no case be less than 40.

Election of members of LCs

• 1/3rd of members are elected by members of the Assembly.
• 1/3rd by electorates consisting of members of municipalities, district boards and other local authorities in the state.
• 1/12th by an electorate consisting of teachers.
• 1/12th by registered graduates.
• The remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, the cooperative movement, and social service.

Powers of LCs vis-à-vis Rajya Sabha

• The constitution gives Councils limited legislative powers.
• Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack the constitutional mandate to do so.
• Legislative Assemblies have the power to override suggestions/amendments made to legislation by the Council.

What is the news?

• The West Bengal Government will set up a Legislative Council, or a Vidhan Parishad. A decision on setting up the council was taken up at a State Cabinet meeting chaired by Chief Minister Mamata Banerjee on Monday.
• The Trinamool Congress in its manifesto has promised formation of the Legislative Council and Chief Minister Mamata Banerjee had also said that the Vidhan Parishad will be set up once the Trinamool Congress government returns to power. Ms Banerjee had indicated that certain members who will not face election can be nominated through the Legislative Council.
• Chief Minister Mamata Banerjee and Finance Minister Amit Mitra are not members of the State Assembly. They can be easily nominated to the Legislative Council once the body is set up and will not have to face elections.
• For setting up the council, a Bill has to be introduced in the State Assembly and then a nod from the State’s Governor is required. West Bengal Legislative Council, the Upper House of the bicameral legislature in West Bengal existed till 1969, till a resolution was passed in the State Assembly for its dissolution. Not all States in the country have Legislative Councils.