Utility and Position of the Legislative Council vis-a-vis the Assembly

The utility and position of the Legislative Council vis-a-vis the Assembly is best understood as that of a subordinate revising chamber: a State's Legislative Council, where one exists, can scrutinise, delay, and recommend changes to legislation, but it cannot ultimately override the will of the directly elected Legislative Assembly. Its usefulness lies in the quality of the second look it offers, not in any power to check the Assembly's final decision.

Bicameral and Unicameral States

Article 168 provides that the Legislature of every State consists of the Governor and, in some States, two Houses -- the Legislative Assembly and the Legislative Council -- while in the rest there is only the Legislative Assembly. Article 169 allows Parliament to create or abolish a Legislative Council in a State, but only after the State's Legislative Assembly passes a resolution to that effect by a special majority. Among the States that have had Legislative Councils are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Tamil Nadu, Telangana, and Uttar Pradesh; West Bengal and Punjab abolished their Councils in 1969, and Tamil Nadu abolished its Council in 1986. Tamil Nadu's Assembly later sought revival of its Council through the Tamil Nadu Legislative Council Act, 2010, but before that Act could be enforced, the Assembly passed a further resolution in 2011 seeking abolition of the proposed Council -- a clear illustration of how directly the Council's very existence depends on the will of the Assembly.

Composition Reflects a Deliberately Subordinate Chamber

Under Article 171, the Legislative Council's membership is capped at one-third of the Assembly's membership and cannot fall below 40, so that its size always tracks, and stays smaller than, the elected Assembly. Unlike Assembly members, who are directly elected, Council members are indirectly elected and partly nominated by the Governor from persons with special knowledge or experience. This composition -- partly elected, partly nominated, representing varied interests rather than a single direct electorate -- is itself one reason the Council's political position is weaker than the Assembly's.

Permanence Without Power over Money Bills

Article 172 makes the Council a continuing body: it is not subject to dissolution, though close to one-third of its members retire every two years, unlike the Assembly's fixed five-year term. But this permanence carries no corresponding legislative strength. On a Money Bill, the Council has no power to reject or amend; it can only withhold the Bill for a period not exceeding fourteen days or make recommendations, which the Assembly is free to accept or ignore.

Limited Power to Delay Ordinary Legislation

On ordinary Bills other than Money Bills, the Council's position is similarly subordinate to the Assembly. Under Article 197, if a Bill passed by the Assembly is transmitted to the Council and returned with amendments the Assembly does not accept, or is not returned within the prescribed period, the Bill can still be deemed passed in the form approved by the Assembly. Overall the Council can interpose a delay of about four months, spread across two rounds ("journeys") of the Bill's passage; on the second round, under Article 197(2)(b), the Council cannot withhold the Bill for more than one month. Unlike Parliament, where disagreement between the Lok Sabha and Rajya Sabha is resolved through a joint sitting, there is no such mechanism for a State Legislature -- disagreement between the Assembly and the Council is not resolved by any joint sitting, and the Assembly's will ultimately prevails regardless of the Council's position.

Council of Ministers Responsible Only to the Assembly

The Council of Ministers, headed by the Chief Minister, is collectively responsible only to the Legislative Assembly, not to the Legislative Council. This means the Council has no power analogous to the Assembly's ability to bring down a government through a loss of confidence, further reinforcing its position as a chamber with revisory rather than governing authority.

UPSC Relevance

Prelims: Know the specific numbers -- Council strength capped at one-third of Assembly strength, minimum 40; Money Bill can be withheld for a maximum of 14 days; ordinary Bill delay of up to four months across two journeys, with a maximum one-month hold on the second journey (Article 197(2)(b)). Know which States currently have a Legislative Council and the mechanism (Article 169) for creating or abolishing one.

Mains: This topic supports questions on the utility, reform, and rationale for retaining or abolishing Legislative Councils, and on asymmetries between the Rajya Sabha's federal role at the Union level and the Legislative Council's comparatively weaker position at the State level.

FAQ

Q1. Can a Legislative Council reject a Money Bill? No. It can only withhold a Money Bill for a maximum of fourteen days or make recommendations, which the Assembly may accept or reject.

Q2. How is a Legislative Council created or abolished? Parliament may create or abolish a Legislative Council in a State by law under Article 169, but only after the State's Legislative Assembly passes a resolution to that effect by the required special majority.

Q3. Is the Legislative Council a permanent body like the Rajya Sabha? Yes, it is not subject to dissolution, with close to one-third of its members retiring every two years, similar in structure to the Rajya Sabha, though its legislative powers are considerably weaker.

Q4. How much can a Legislative Council delay an ordinary Bill? It can interpose a delay of up to about four months across two rounds of consideration; on the second round, under Article 197(2)(b), it cannot withhold the Bill for more than one month.

Q5. Is disagreement between the Assembly and Council resolved through a joint sitting, as at the Union level? No. Unlike Parliament, there is no joint-sitting mechanism for a State Legislature; the Assembly's will prevails without any joint sitting.

Quick Revision

• Article 168: State Legislature = Governor + Assembly (+ Council, where it exists).
• Article 169: Parliament creates/abolishes a Council only after the State Assembly's resolution.
• Article 171: Council strength capped at one-third of Assembly strength, minimum 40; partly nominated.
• Article 172: Council is permanent (no dissolution); about one-third retire every two years.
• Council cannot reject/amend a Money Bill; can withhold it for at most 14 days.
• On ordinary Bills, Council can delay up to about four months across two journeys; second journey capped at one month (Article 197(2)(b)).
• No joint-sitting mechanism at the State level; Assembly's will prevails on disagreement.
• Council of Ministers responsible only to the Assembly, not the Council.

Sources

• Constitution of India, Articles 168-172, 196-199 -- legislative.gov.in

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) -- the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) -- authoritative constitutional-law treatment.
• The Constitution of India -- Bare Act -- the official text.

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