Legislative Councils (Vidhan Parishads) are the upper chambers in certain states, designed to act as a revisory and deliberative body.
Constitutional Provisions
Article 168 – Provides for a bicameral legislature (Governor, Assembly, and Council) in few states.
Article 169 – Parliament may create or abolish a Council by law if the State Assembly passes a resolution by special majority.
Article 171 – Defines composition–
1/3 elected by MLAs,
1/3 by local bodies,
1/12 by teachers,
1/12 by graduates,
1/6 nominated by Governor (eminent persons).
Article 172(2) – Council is a permanent body, one-third retiring every two years.
Article 182-184 – Deal with Chairman, Deputy Chairman, and conduct of business.
Current Status
Six states currently have Legislative Councils- UP, Bihar, Maharashtra, Karnataka, Telangana, Andhra Pradesh.
Previously existed in Tamil Nadu, West Bengal, Punjab, J&K but later abolished.
Working and Role
Deliberative Function- Reviews legislation. Eg- Andhra Pradesh Council played a pivotal role in the Land Titling Bill (2023).
Representative Function- Includes teachers, graduates, and professionals – ensuring diversity in law-making.
Check on Hasty Legislation- Provides a “cooling chamber” function to prevent rushed or populist law-making by the Assembly.
Continuity- Being a permanent house, ensures governance continuity even when the Assembly dissolves.
Serves as a forum for experienced legislators and experts to contribute to policymaking, even if not elected directly.
Challenges
Limited Powers- Can delay ordinary bills for 4 months and money bills for 14 days, but cannot veto.
Political Patronage- Used to accommodate defeated leaders.
Low Productivity- Weak participation and debate quality in several states.
Financial Burden- Maintenance cost often exceeds functional utility.
Unequal Representation- Teacher and graduate constituencies have low turnout and poor inclusivity.
Way Forward
Reform Composition- Include women, professionals, civil society members.
Define Role Clearly- Give Councils specific review and policy oversight functions.
Regular Evaluation- Periodic performance audits to justify continuance.
Curb Political Misuse- Transparent nomination and election process.
Legislative Councils reflect India’s deliberative democratic ethos. With reforms, they can evolve from political parking spaces into effective revisory institutions upholding constitutionalism.