Odisha to get Legislative Council | Latest Burning Issue

Table of Contents

WHAT JUST HAPPENED?

• Odisha is all set to get a Legislative Council like several other States in the country. A proposal in this regard was approved at a Cabinet meeting presided over by Chief Minister Naveen Patnaik here recently.

• A resolution will be brought in the monsoon session of the Assembly beginning September 4 for formation of the Odisha Legislative Council, State Parliamentary Affairs Minister Bikram Keshari Arukha told press persons after the Cabinet meeting.

NOTES

•The Minister said that the proposed Council will have 49 members, which is one-third of the 147-member State Assembly.

•The State will have to spend ₹35 crore annually for the Council, the members of which will get salary and allowance as given to the members o TOOK A WHILE •The Odisha government had set up a committee in 2015 to study the Legislative Councils in other States and recommend for establishment of one in the State.

•The committee visited four States– Bihar, Telangana, Maharashtra and Karnataka — for the purpose. It had submitted its report to the Chief Minister on August 3 this year.

VIDHAN PARISHAD

•Article 169 of the Constitution of India provides for the establishment of a Vidhan Parishad.

• The Vidhan Parishad or Legislative Council is the upper house in those states of India that have a bicameral legislature.

CREATION

• Whether there should be a legislative council in the state or not, is decided by the legislative assembly of the state itself. But it does not mean that legislative assembly can itself create a legislative council.

• Under Article 169 of the Constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.

• Majority of the total membership of the assembly + majority of not less than 2/3rd of members present for voting

THEN COMES THE NOD FOR THE PARLIAMENT OF INDIA PURPOSE?

• 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. As of today, seven states have Legislative Councils.

• These are Jammu and Kashmir, Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh and Telangana.

HOW ARE MEMBERS OF THE COUNCIL ELECTED?

• Membership may vary, but the Legislative Council must not have more than a third of the total membership of the Assembly of that state, and in no case fewer than 40 members. (The exception is J&K, where the Legislative Council has 36 members vide Section 50 of the constitution of the state.)

• About 1/3rd of members are elected by members of the Assembly, another 1/3rd by electorates consisting of members of municipalities, district boards and other local authorities in the state, 1/12th by an electorate consisting of teachers, and 1/12th by registered graduat

WERE ANY PROMINENT NATIONAL LEADERS EARLIER MEMBERS OF LEGISLATIVE COUNCILS?

• As per Lok Sabha data, 21 MPs were MLCs earlier.

• The list includes Rajnath Singh, Nitin Gadkari, Sadananda Gowda, Mulayam Singh Yadav, Ashok Chavan and Jagdambika Pal.

DO RAJYA SABHA AND VIDHAN PARISHADS HAVE SIMILAR POWERS?

• Not really. The constitution gives Councils limited legislative powers. Unlike Rajya Sabha which has substantial powers to shape nonfinancial 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.

• Also, 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.