Context-The BJD on Monday asked the Central government to bring a resolution in the Rajya Sabha for the establishment of a Legislative Council in Odisha.

• There is a resolution of Odisha Legislative Assembly about the formation of a second chamber — the state legislative council. It is pending with the Centre. 

Abolition or creation of Legislative Councils in States.-

• Notwithstanding anything in Article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.  

• No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.

• The Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.

What are the Legislative Councils, and why are they important?

• 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. A second House of legislature is considered important for two reasons: one, to act as a check on hasty actions by the popularly elected House and, two, 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.

• Opposition to the idea of Legislative Councils is centred on three broad arguments. One, they can be used to park leaders who have not been able to win an election. Two, they can be used to delay progressive legislation. Three, they would strain state finances.

• Opinion in the Constituent Assembly was divided on the question of having a Legislative Council. The idea was backed on the above grounds; it was also suggested that having a second chamber would allow for more debate and sharing of work between the Houses.

So, do all states have Legislative Councils?

• No. Our constitution does not force a bicameral legislature on states. It gives states the option of having a second House. In past As  seven states had Legislative Councils.

• Recently, the Jammu & Kashmir Legislative Council has been abolished through the J&K Reorganisation Bill, 2019, which reduced the State of J&K to the Union Territories of J&K and Ladakh.

• Now six States having a Legislative Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka