0.1773
900 319 0030
x

Second Chamber in States

iasparliament Logo
August 27, 2018

Why in news?

Odisha’s plan calls for a national policy on the utility of a second chamber in States.

What is Odisha's proposal?

  • Odisha now wants to join the group of States that have an Upper House.
  • The State Cabinet has approved a 49-member Legislative Council.
  • It has accepted the report of a committee set up in 2015.
  • The committee studied the functioning of the second chamber in other States and made recommendations.

What is the Parliament's stance?

  • 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.
  • Notably, two Bills introduced in the Rajya Sabha in 2013 for establishing Legislative Councils in Assam and Rajasthan are still pending.
  • It apparently indicates the lack of support for such a move.
  • A parliamentary committee that went into these Bills cleared the proposals, but struck a cautionary note.
  • It wanted a national policy on having an Upper House in State legislatures to be framed by the Union government.
  • This is to ensure that a subsequent government in the State does not abolish it.
  • It also favoured a review of the provision in the law for Councils to have seats for graduates and teachers.

What are the benefits of a second chamber?

  • The advantages of having a bicameral legislature are well-known.
  • An Upper House provides a forum for academicians and intellectuals.
  • They are arguably not suited for the nature of electoral politics.
  • In essence, it provides a mechanism for a more serious appraisal of legislation.

What are the concerns?

  • If there was any real benefit, all States in the country should have a second chamber.
  • The fact that there are only seven such Councils suggests the lack of any real advantage.
  • Also, there is, clearly, the absence of a broad political consensus on the issue.
  • Concerns - The forum is likely to be used to accommodate party functionaries who fail to get elected.
  • This may defeat the objective of getting intellectuals into the legislature.
  • There is also a question of giving graduates the privilege of being people’s representatives in a democracy.
  • Today, legislatures draw their talent both from the grassroots level and the higher echelons of learning.
  • There are enough numbers of doctors, teachers and other professionals in most political parties today.
  • Besides, the second chamber is also an unnecessary drain on the exchequer of the state.
  • It is also a restraining force against the dominance of elected majorities in legislative matters.
  • Given these, Odisha’s proposal may give the country an opportunity to evolve a national consensus on Legislative Councils.

 

Source: The Hindu

1 comments
Login or Register to Post Comments

Hermoine 6 years

Extra Note:

There are seven states in India having bicameral (two-tier) legislation.

Bicameral legislature is a legislative system having two-tier of Assemblies, Chambers or Houses. In India, Central Legislature i.e. Parliament is bicameral. However states, except for a few, are generally unicameral. The two houses in state legislature are called – Legislative Assembly and Legislative Council. There are only seven states which have two-tier of legislature – Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh, Telangana and Jammu & Kashmir.

Legislative Council of a state comprises of not more than one third of the total seats in state Legislative Assembly and the numbers of seats for a Legislative Council should in no case be less than 40. State ofJammu & Kashmir is the only exception to the minimum 40 seats rule with only 36 Legislative Council seats.

Unlike Legislative Assembly, Legislative Council is never dissolved as one-third of the members retire every second year and new members join in their place. One-third of the members of Legislative Council are elected by Members of Legislative Assembly from among non-members of the Assembly. One-third of the members are elected by electorate consisting of members of municipalities/municipal corporations, district boards and other local authorities in the state. One-twelfth are elected by electorate consisting of persons with at least 3 years’ experience in educational institution and have been teaching within the state and a further one-twelfth by registered graduates. One-sixth (or remaining) members are nominated by the Governor from distinguished personalities in literature, science, art, cooperative movements and social service.

Uttar Pradesh has the biggest Legislative Council with a total of 100 seats. Maharashtra Legislative Council is the second largest in the country with 78 seats. Bihar and Karnataka share third place with 75 seats each. State of Andhra Pradesh, after creation of Telangana state, has now 58 seats whereas Telangana has 40 seats. State of Jammu & Kashmir has only 36 seats in its Legislative Council.

Legislative Councils are extremely weak legislative bodies and enjoy much weaker powers in the state legislature. Interestingly, members of Legislative Council are not included in electoral college for President’s election i.e. members of Legislative Council do not possess right to vote in President’s elections


Source: MapsofIndia

ARCHIVES

MONTH/YEARWISE ARCHIVES

Free UPSC Interview Guidance Programme