Rationale behind setting up Legislative councils in states:

• 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.
• An Upper House provides a forum for academicians and intellectuals. It provides a mechanism for a more sober and considered appraisal of legislation that a State may pass.
• The legislative councils do accommodate such mature and serene personalities not only through the nominated quota at the disposal of Governor but also through the quota reserved for teachers and the graduates.
• It lessens the burden of the lower House and enables it to fully concentrate on measures of greater importance.
• LCs were envisaged to perform as per the founding fathers of our constitution as a revisory house, give an opportunity to diverse section to be a part of the law making process etc

Relevance of Legislative councils:

• Opposition to the idea of Legislative Councils is centred on three broad arguments:
  • They can be used to park leaders who have not been able to win an election.
  • They can be used to delay progressive legislation.
  • They would strain state finances.
  • In the West Bengal also one of the main reasons for its abolition was stated as unnecessary burden on the State exchequer.
• The process of creating an Upper House is lengthy:
  • The State Assembly has to pass a resolution for the creation of the Council by a majority of its total membership. Thereafter, Parliament has to enact a law to create it. Two Bills introduced in the Rajya Sabha in 2013 for establishing Legislative Councils in Assam and Rajasthan are still pending, indicating the lack of support for such a move.
  • Another issue is that graduates are no longer rare. Also, with dipping educational standards, a graduate degree is no guarantee of any real intellectual heft.
• 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 a 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.

Way forward:

• Recommendations of committees like 2nd ARC need to be implemented for improving the functioning of LCs like the election of members of legislative council, role of teachers and graduates should be decreased or done away with.
• More say should be given to local bodies so that they can represent local bodies at state level as Rajya sabha represents states at national level. This will help strengthen the root level democracy.
• There is need of a National Policy on having Upper House in State Legislatures. The provision of the law for Councils to have seats for graduates and teachers should also be reviewed.

Conclusion:

Dr. B.R. Ambedkar compared it to a “curate’s egg—good only in parts“. There is a need for wide range of debates and public and intellectual opinion to have an Upper House in all state legislatures. Legislative councils should be a responsible body that can also form their part in policies and programmes for the development of states.