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GS2 PYQ (Mains Answer Writing): State Legislative Councils | Indian Polity for UPSC CSE PDF Download
Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (UPSC GS2 2021)
The Parliament, under Article 169, can abolish or create a legislative council 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. Article 171 provides for the Composition of council.
Utility of State legislative councils
- Bringing diverse opinion on policy making ; Functional representation of various groups [e.g., teachers, graduates, local representatives], thus enable non-elected persons to contribute to the legislative process.
- Check hasty legislations by Legislative assemblies + prevent them from exercising too much legislation or executive authority
- Nominated members who are apolitical background bring extra wisdom and provides forum for intellectuals and academicians who are not suited for electoral politics.
- Brings pressure on Legislative assembly for policy making.
Concerns with Legislative Councils
- They can be created and abolished by Union parliament by a simple majority.
- Their recommendations are not binding on assembly + became back door for failed politicians
- Burden on public exchequer.
- Representing graduates in the house has outlived its utility
- Politicization in selecting nominated members
- Can create delay in policy making.
Topics covered - Legislative Councils in States
The document GS2 PYQ (Mains Answer Writing): State Legislative Councils | Indian Polity for UPSC CSE is a part of the UPSC Course Indian Polity for UPSC CSE.
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FAQs on GS2 PYQ (Mains Answer Writing): State Legislative Councils - Indian Polity for UPSC CSE
| 1. What is the composition of State Legislative Councils in India? |  |
Ans. State Legislative Councils in India are bicameral in nature and consist of two houses - the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). The Legislative Council is the upper house and is designed to be a revising body.
| 2. How are the members of State Legislative Councils elected? | |
Ans. The members of the State Legislative Councils are elected by different methods. Some members are elected by the members of the Legislative Assembly, some are elected by local bodies, and some are nominated by the Governor of the state.
| 3. What is the role of State Legislative Councils in the legislative process? | |
Ans. The State Legislative Councils play a crucial role in the legislative process. They act as a revising chamber and provide a platform for detailed discussions and debates on bills and other matters. They also provide checks and balances by reviewing and amending legislation passed by the Legislative Assembly.
| 4. How does the abolition or creation of a State Legislative Council take place? | |
Ans. The abolition or creation of a State Legislative Council can be done through a constitutional amendment. The process involves passing a resolution in the Legislative Assembly of the concerned state with a special majority, followed by the assent of the President of India.
| 5. What are the advantages and disadvantages of having a State Legislative Council? | |
Ans. The State Legislative Councils have advantages such as providing a forum for experienced and knowledgeable members, ensuring a more thorough scrutiny of legislation, and preventing hasty decision-making. However, they also have disadvantages like increasing the cost of governance, creating delays in the legislative process, and allowing for political manipulation.
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