Procedure for Creation and Abolition of Legislative Council in States

The Legislative Council, also known as the Vidhan Parishad, is the upper house of a state’s legislature in India. It is provided for under Article 169 of the Indian Constitution. However, not all states have a Legislative Council; only a few states, such as Uttar Pradesh, Maharashtra, and Karnataka, currently have one.

The creation or abolition of a Legislative Council is a significant constitutional process that involves both the state legislature and the Parliament of India.

Creation of a Legislative Council

The process for creating a Legislative Council in a state is as follows:

1. State Legislative Assembly’s Resolution:
   
   
   • The Legislative Assembly (Vidhan Sabha) of the concerned state must pass a resolution by a special majority (a majority of the total membership and at least two-thirds of members present and voting).
     
     
   • This resolution proposes the creation of a Legislative Council for the state.
     
     
2. Parliamentary Approval:
   
   
   • Once the state passes the resolution, it is sent to the Parliament of India for approval.
     
     
   • The Parliament enacts a law to establish the Legislative Council. This law does not require constitutional amendment, meaning it can be passed by a simple majority.
     
     
3. Presidential Assent:
   
   
   • After both Houses of Parliament approve the bill, it is sent to the President of India for assent.
     
     
   • Upon receiving the President’s approval, the Legislative Council is officially created in the concerned state.

Abolition of a Legislative Council

The process for abolishing a Legislative Council is similar to its creation.

1. State Legislative Assembly’s Resolution:
   
   
   • The Legislative Assembly of the concerned state must pass a resolution for abolition by a special majority (same as for creation).
     
     
2. Parliamentary Approval:
   
   
   • The resolution is sent to the Parliament of India, which must pass a law abolishing the Legislative Council.
     
     
   • Like the creation process, this does not require a constitutional amendment and can be done with a simple majority.
     
     
3. Presidential Assent:
   
   
   • Once the law is passed by Parliament, it is sent to the President for final approval.
     
     
   • After the President’s assent, the Legislative Council ceases to exist in that state.

Why Did Andhra Pradesh Pass a Resolution to Abolish its Legislative Council?

The Andhra Pradesh Legislative Assembly passed a resolution to abolish its Legislative Council in January 2020. The key reasons for this decision were:

1. Obstruction of Key Bills:
   
   
   • The ruling YSR Congress Party (YSRCP) had a majority in the Legislative Assembly but not in the Legislative Council, where the opposition Telugu Desam Party (TDP) held a majority.
     
     
   • The Legislative Council repeatedly blocked or delayed important bills proposed by the government, including those related to three capitals for Andhra Pradesh (Amaravati, Visakhapatnam, and Kurnool).
     
     
2. Delays in Governance:
   
   
   • The Andhra Pradesh government argued that the Legislative Council was hindering the decision-making process by sending bills back to the Assembly, delaying their implementation.
     
     
   • Since the Council does not have the power to permanently reject bills, the government saw it as an unnecessary obstacle.
     
     
3. Financial Burden:
   
   
   • The Andhra Pradesh government claimed that maintaining the Legislative Council was a financial burden on the state.
     
     
   • The cost of running the Council was significant, and the government felt that its abolition would save public money.
     
     
4. Historical Precedent:
   
   
   • Andhra Pradesh had previously abolished its Legislative Council in 1985 during the tenure of then-Chief Minister N. T. Rama Rao.
     
     
   • However, it was reinstated in 2007 under the Congress government led by Y. S. Rajasekhara Reddy.

Conclusion

The creation and abolition of a Legislative Council in a state is a well-defined constitutional process. While some states prefer having a Legislative Council to review legislation, others view it as a hurdle to governance. The Andhra Pradesh government’s decision to abolish its Legislative Council was driven by political and administrative concerns, particularly the obstruction of key policies. Ultimately, such decisions depend on the state’s political landscape and the priorities of the ruling government.