“The state legislative councils are dilatory chambers that do nothing but prolong passage of bills and increase legislative expenses.” Critically analyze.
UPSC Mains Syllabus topic
Parliament and State legislatures—structure, functioning, conduct of business, powers & privileges and issues arising out of these.
Why was this question asked?
- Explain the constitutional provisions under which Legislative Councils are established. Review the workingand current status of Legislative Councils with illustrations.(2021)
Introduction: The existence and functioning of State Legislative Councils in India have been a topic of debate and scrutiny. While some argue that these councils serve a crucial purpose in the legislative process, others view them as dilatory chambers
that add unnecessary expenses.
Body
Ensuring Deliberation and Revision:
- Legislative Councils provide an opportunity for revising hasty, defective, or ill-considered legislation passed by the Assembly, allowing for a more thoughtful approach. (Article 169)
- The inclusion of experts and professionals through nominations by the Governor enhances the quality of debates and decision-making.
Balancing Power and Preventing Autocracy:
- The presence of a second chamber acts as a check on autocratic tendencies and prevents arbitrary legislation. (Article 169)
- Vesting legislative powers solely in a popularly elected House may not always be beneficial for the people. Handling Constitutional Crises and Leadership Vacancies:
- In situations where the Chief Ministerial candidate loses in the Assembly election, the Legislative Council can help avoid constitutional crises by facilitating the selection of a new leader. (Uttarakhand crisis)
- This ensures continuity and stability in governance. Reducing Workload and Focusing on Important Measures:
- The increasing workload of legislative assemblies necessitates the role of Legislative Councils in sharing the burden and enabling the Assembly to focus on more significant legislative matters.
- This division of work allows for better attention to crucial bills and policies.
Arguments against Legislative Councils:
Limited Power and Advisory Role:
- Legislative Councils have a weaker position compared to the Assembly, with no final decision-making power on ordinary bills. Their role is often seen as dilatory or advisory.
- Critics perceive them as a costly and insignificant appendage to the legislative process.
Financial Burden on the State Budget:
- The establishment of Legislative Councils incurs significant expenses, leading to concerns about the additional burden on the state exchequer.
- Critics argue that these funds could be better utilized for developmental purposes.
Potential for Political Manipulation:
- Detractors argue that Legislative Councils can become a back door entry for unpopular politicians who were defeated in Assembly elections.
- This could result in the appointment of politically ambitious individuals to key positions, potentially compromising governance.
Risk of Obstruction and Delay:
- If the majority of Legislative Council members belong to the same party as the Lower House, the Council may become a mere replica, lacking independent deliberation.
- Conversely, if different parties hold the majority, the Council may delay bills unnecessarily, hindering legislative progress.
Conclusion: The evaluation of State Legislative Councils reveals a complex picture. While these councils play a crucial role in deliberation, revision, and balancing legislative powers, criticisms about their limited authority, financial implications,
and potential for obstruction cannot be ignored.
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