Context: The West Bengal government has decided to set up a Legislative Council, or a Vidhan Parishad -- the Upper House of state legislature. The decision was taken on May 17 during the virtual Cabinet meeting chaired by Chief Minister Mamata Banerjee.

• Once the council is set up, it would pave way for accommodating those who could not be get elected to Legislative Assembly or the leaders who were excluded from the party candidates list for the assembly elections.
• As per the norm, to create or to abolish a state legislative council, the state Legislative Assembly must pass a resolution, which must be supported by majority of the strength of the House. The Trinamool Congress won the recently-concluded assembly elections by bagging 213 seats of the state's 292 seats that went to polls. The Bharatiya Janata Party (BJP) won 77.
• West Bengal had a two-House or a bicameral system of legislature till it was abolished by the United Front government in 1969. Setting up a Legislative Council was one of the promises in the TMC's poll manifesto.
• CM Banerjee and Bengal's Finance Minister Amit Mitra are currently not members of the Legislative Assembly and thus can be nominated to the Council once it is established. In that case, the leaders will not be required to get elected to the Assembly. A chief minister or a minister has to be member of either of the two Houses.
• In this edition of Big Picture we analyse the decision of CM Mamata Banerjee's Cabinet to approve the setting up of Legislative Council in West Bengal. 

How a Legislative Council will be formed in the state?

• For setting up the Council, a Bill has to be introduced in the Assembly and then a nod from the Governor is required.
• The Upper House existed till 1969.

State legislative councils of India

• The State Legislative Council, or Vidhan Parishad, is the upper house in those 6 states of India that have a bicameral state legislature; the lower house being the State Legislative Assembly.
• Its establishment is defined in Article 169 of the Constitution of India.
• According to the Article 169 of the Constitution of India, the Parliament of India can create or abolish the State Legislative Council of a state if that state's legislature passes a resolution for that with a special majority. 
• Only six states in India at present have the bicameral legislature system – Andhra Pradesh, Telangana, Bihar, UP, Maharashtra and Karnataka.
• To become a member of a State Legislative Council (MLC), a person must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters' list of the state for which he or she is contesting an election.
• He or she may not be a Member of Parliament and Member of the State Legislative Assembly at the same time.
• The tenure of the MLCs are six years. 
• One-third of the members of State Legislative Council retire after every two years. This arrangement parallels that for the Rajya Sabha.

Composition

• Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members.
• Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.

Manner of Election

• One-third of the MLCs are elected by the state’s MLAs,
• Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards,
• 1/12th by an electorate of teachers and another 1/12th by registered graduates.
• The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement and social service.

Significance and Power of Legislative Councils
The second House of the legislature is considered important for two reasons:

• to act as a check on hasty actions by the popularly elected House and
• 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.

The Councils are less powerful than the Rajya Sabha, however. Unlike, the Rajya Sabha, which has substantial powers to shape non-financial legislation, Legislative Councils lack a constitutional mandate to do so; Assemblies can override suggestions/amendments made to a legislation by the Council.

• Also, unlike Rajya Sabha MPs, Members of the Legislative Council (MLCs) cannot vote in elections for the President and Vice President.
• The Vice President is the Rajya Sabha Chairperson; an MLC is the Council Chairperson.