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Polity

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September 06, 2018

Even though both the Legislative council and the Rajya Sabha are second chambers, the constitution has given the council much lesser importance than the Rajya Sabha. Justify the statement and examine the reasons why? (200 words)

Refer – The Indian Express

Enrich the answers from other sources, if the question demands.

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IAS Parliament 6 years

KEY POINTS

·         Over riding powers – The Lok Sabha cannot override the Rajya Sabha by passing the bill for the second time and vice versa. A joint sitting is the only way to resolve a deadlock between the two Houses.

·         But, the legislative assembly can override the legislative council by passing the bill for the second time and not vice versa.

·         In other words, the council is not a revising body like the Rajya Sabha; it is only a dilatory chamber or an advisory body.

·         Electing powers – Unlike Rajya Sabha MPs, MLCs cannot vote in elections for the President and Vice President.

·         Existence – The very existence of the council depends on the will of the assembly.

·         The council can be abolished by the Parliament on the recommendation of the assembly. But, Rajya Sabha cannot be abolished.

Reasons

·         Federal significance – The Rajya Sabha consists of the representatives of the states and thus reflects the federal element of the polity.

·         It maintains the federal equilibrium by protecting the interests of the states against the undue interference of the Centre

·         Therefore, it has to be an effective revising body and not just an advisory body or dilatory body like that of the council.

·         On the other hand, the issue of federal significance does not arise in the case of a council.

·         Structure – The council is heterogeneously constituted. It represents different interests and consists of differently elected members and also includes some nominated members.

·         On the other hand, the Rajya Sabha is homogeneously constituted. It represents only the states and consists of mainly elected members (only 12 out of 250 are nominated).

·         British model – The position accorded to the council is in accordance with the principles of democracy: The council should yield to the assembly, which is a popular house.

·         This pattern of relationship between the two Houses of the state legislature is adopted from the British model. 

Tapasvi 6 years

Please review

IAS Parliament 6 years

Justification part is missing. Keep writing. 

Manav 6 years

Please review. Thanks. 

IAS Parliament 6 years

The first point of your answer discusses the importance of Rajya Sabha but fails to mention why LC is being given lesser importance. Try to prioritize points. Keep writing. 

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