Vidhan Parishad
Encyclopedia
The Vidhan Parishad is the upper house
in those states
of India
that have a bicameral
legislature. , six (out of twenty-eight) states have a Legislative Council: Andhra Pradesh
, Bihar
, Jammu and Kashmir
, Karnataka
, Maharashtra
, and Uttar Pradesh
. In 2010 the Parliament of India
passed an Act to re-establish a Legislative Council for a seventh state, Tamil Nadu
, but implementation of the Act has been put on hold pending legal action; the state government has also expressed its opposition to the council's revival.
(Legislative Assembly), the Legislative Council is a permanent body that cannot be dissolved
; each Member of the Legislative Council (MLC) serves for a six-year term, with terms staggered so that the terms of one-third of a Council's members expire every two years. This arrangement parallels that for the Rajya Sabha
, the upper house of the Parliament of India.
MLCs must be citizens of India
, at least 30 years' old, mentally sound
, not bankrupt
, and on the voters' list of the state for which he or she is contesting an election. He or she may not be a Member of Parliament at the same time.
The size of the Vidhan Parishad cannot be more than one-third the membership of the Vidhan Sabha. However, its size cannot be less than 40 members (except in Jammu and Kashmir, where there are 36 by an Act
of Parliament
.
MLCs are chosen in the following manner:
Theoretically the powers of the Legislative Council are coequal with the Assembly; in reality, the Council is the weaker partner. Ordinary bills can originate in any chamber of the legislature. A bill
must be passed by both chambers, and receive the assent of the state's Governor, before it becomes law as an Act. The Governor may give his assent or return the bill back to" legislature with his observations. The legislature while reconsidering the bill may or may not take note of the views of the Governor on the bill. The Governor is bound to give his assent to the bill when it is presented to him for the second time. If the Legislative Council disagrees with a bill passed by the Legislative Assembly, then the bill must have a second journey, from the Assembly to the Council.
Ultimately the views of the Assembly prevail. The Council can only delay the passage of a bill for 3 months in the first instance and for one month in the second. In contrast with Parliament, there is no provision for the joint sitting of state legislatures.
As with the Rajya Sabha, a Legislative Council has almost no powers in relation to finance, being subordinate to the Assembly; the latter chamber is the only place where Money Bills can originate. After a Money Bill has been passed by the Assembly it is sent to the Council, which can keep it for a maximum of 14 days; if it does not pass it within that period, the bill is deemed to have been passed by it.
As with the Assembly, the Council can attempt to control the executive by putting questions to ministers, raising debates, and discussing adjournment motions to highlight alleged lapses by the state government. However, the Council cannot remove a government from office, lacking the Assembly's power to move a vote of no confidence.
The powers given to a Legislative Council by the Constitution of India
have been framed to keep it in a subordinate position to the Assembly, with its membership of professionals seen as a guiding influence on the latter body, rather than as its rival.
In April 2007, the State of Andhra Pradesh
re-established its Legislative Council. The State's main opposition party, the Telugu Desam Party
, has stated that it would abolish the council again if it comes to power in the state. But Telugu Desam Party
could not come to the power for the past 7 years.
After the victory of the Akali Dal-BJP in Punjab, newly elected Chief Minister Prakash Singh Badal stated that he would re-constitute the state's Vidhan Parishad.
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
in those states
States and territories of India
India is a federal union of states comprising twenty-eight states and seven union territories. The states and territories are further subdivided into districts and so on.-List of states and territories:...
of India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
that have a bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
legislature. , six (out of twenty-eight) states have a Legislative Council: Andhra Pradesh
Andhra Pradesh
Andhra Pradesh , is one of the 28 states of India, situated on the southeastern coast of India. It is India's fourth largest state by area and fifth largest by population. Its capital and largest city by population is Hyderabad.The total GDP of Andhra Pradesh is $100 billion and is ranked third...
, Bihar
Bihar
Bihar is a state in eastern India. It is the 12th largest state in terms of geographical size at and 3rd largest by population. Almost 58% of Biharis are below the age of 25, which is the highest proportion in India....
, Jammu and Kashmir
Jammu and Kashmir
Jammu and Kashmir is the northernmost state of India. It is situated mostly in the Himalayan mountains. Jammu and Kashmir shares a border with the states of Himachal Pradesh and Punjab to the south and internationally with the People's Republic of China to the north and east and the...
, Karnataka
Karnataka
Karnataka , the land of the Kannadigas, is a state in South West India. It was created on 1 November 1956, with the passing of the States Reorganisation Act and this day is annually celebrated as Karnataka Rajyotsava...
, Maharashtra
Maharashtra Vidhan Parishad
The Maharashtra Vidhan Parishad or Maharashtra State Legislative Council is the upper house of the bicameral legislature of Maharashtra state in western India.-Location:...
, and Uttar Pradesh
Uttar Pradesh
Uttar Pradesh abbreviation U.P. , is a state located in the northern part of India. With a population of over 200 million people, it is India's most populous state, as well as the world's most populous sub-national entity...
. In 2010 the Parliament of India
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
passed an Act to re-establish a Legislative Council for a seventh state, Tamil Nadu
Tamil Nadu
Tamil Nadu is one of the 28 states of India. Its capital and largest city is Chennai. Tamil Nadu lies in the southernmost part of the Indian Peninsula and is bordered by the union territory of Pondicherry, and the states of Kerala, Karnataka, and Andhra Pradesh...
, but implementation of the Act has been put on hold pending legal action; the state government has also expressed its opposition to the council's revival.
Membership
In contrast with a state's Vidhan SabhaVidhan Sabha
The Vidhan Sabha or the Legislative Assembly is the lower house or the sole house of the provincial legislature in the different states of India. The same name is also used for the lower house of the legislatures for two of the union territories, Delhi and Pondicherry...
(Legislative Assembly), the Legislative Council is a permanent body that cannot be dissolved
Dissolution of parliament
In parliamentary systems, a dissolution of parliament is the dispersal of a legislature at the call of an election.Usually there is a maximum length of a legislature, and a dissolution must happen before the maximum time...
; each Member of the Legislative Council (MLC) serves for a six-year term, with terms staggered so that the terms of one-third of a Council's members expire every two years. This arrangement parallels that for the Rajya Sabha
Rajya Sabha
The Rajya Sabha or Council of States is the upper house of the Parliament of India. Rajya means "state," and Sabha means "assembly hall" in Sanskrit. Membership is limited to 250 members, 12 of whom are chosen by the President of India for their expertise in specific fields of art, literature,...
, the upper house of the Parliament of India.
MLCs must be citizens of India
Indian nationality law
The Indian citizenship and nationality law and the Constitution of India provides single citizenship for the entire country. The provisions relating to citizenship at the commencement of the Constitution are contained in Articles 5 to 11 in Part II of the Constitution of India...
, at least 30 years' old, mentally sound
Sanity
Sanity refers to the soundness, rationality and healthiness of the human mind, as opposed to insanity. A person is sane if they are rational...
, not bankrupt
Bankruptcy
Bankruptcy is a legal status of an insolvent person or an organisation, that is, one that cannot repay the debts owed to creditors. In most jurisdictions bankruptcy is imposed by a court order, often initiated by the debtor....
, and on the voters' list of the state for which he or she is contesting an election. He or she may not be a Member of Parliament at the same time.
The size of the Vidhan Parishad cannot be more than one-third the membership of the Vidhan Sabha. However, its size cannot be less than 40 members (except in Jammu and Kashmir, where there are 36 by an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of Parliament
Parliament of India
The Parliament of India is the supreme legislative body in India. Founded in 1919, the Parliament alone possesses legislative supremacy and thereby ultimate power over all political bodies in India. The Parliament of India comprises the President and the two Houses, Lok Sabha and Rajya Sabha...
.
MLCs are chosen in the following manner:
- One-third are elected by members of local bodies such as corporationCorporationA corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
s, municipalities, and zilla parishadZilla ParishadZilla Parishad is a local government body at the district level in India. It looks after the administration of the rural area of the district and its office is located at the district headquarters...
s. - One-third are elected by members of Legislative Assembly from among the persons who are not members of the Assembly.
- One-twelfth are elected persons who are graduates of three years' standing residing in that state.
- One-twelfth are elected by persons engaged for at least three years in teaching in educational institutions within the stateEducation in IndiaEducation in India is provided by the public sector as well as the private sector, with control and funding coming from three levels: federal, state, and local. Child education is compulsory. The Nalanda University was the oldest university-system of education in the world...
not lower than secondary schoolSecondary schoolSecondary school is a term used to describe an educational institution where the final stage of schooling, known as secondary education and usually compulsory up to a specified age, takes place...
s, including collegeCollegeA college is an educational institution or a constituent part of an educational institution. Usage varies in English-speaking nations...
s and universitiesUniversityA university is an institution of higher education and research, which grants academic degrees in a variety of subjects. A university is an organisation that provides both undergraduate education and postgraduate education...
. - One-sixth are nominated by the governor from persons having knowledge or practical experience in fields such as literatureLiteratureLiterature is the art of written works, and is not bound to published sources...
, scienceScienceScience is a systematic enterprise that builds and organizes knowledge in the form of testable explanations and predictions about the universe...
, artsARtsaRts, which stands for analog Real time synthesizer, is an audio framework that is no longer under development. It is best known for previously being used in KDE to simulate an analog synthesizer....
, the co-operative movement and social service.
Powers and procedures
The Legislative Council elects its Chairman and Deputy Chairman from amongst its members.Theoretically the powers of the Legislative Council are coequal with the Assembly; in reality, the Council is the weaker partner. Ordinary bills can originate in any chamber of the legislature. A bill
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
must be passed by both chambers, and receive the assent of the state's Governor, before it becomes law as an Act. The Governor may give his assent or return the bill back to" legislature with his observations. The legislature while reconsidering the bill may or may not take note of the views of the Governor on the bill. The Governor is bound to give his assent to the bill when it is presented to him for the second time. If the Legislative Council disagrees with a bill passed by the Legislative Assembly, then the bill must have a second journey, from the Assembly to the Council.
Ultimately the views of the Assembly prevail. The Council can only delay the passage of a bill for 3 months in the first instance and for one month in the second. In contrast with Parliament, there is no provision for the joint sitting of state legislatures.
As with the Rajya Sabha, a Legislative Council has almost no powers in relation to finance, being subordinate to the Assembly; the latter chamber is the only place where Money Bills can originate. After a Money Bill has been passed by the Assembly it is sent to the Council, which can keep it for a maximum of 14 days; if it does not pass it within that period, the bill is deemed to have been passed by it.
As with the Assembly, the Council can attempt to control the executive by putting questions to ministers, raising debates, and discussing adjournment motions to highlight alleged lapses by the state government. However, the Council cannot remove a government from office, lacking the Assembly's power to move a vote of no confidence.
The powers given to a Legislative Council by the Constitution of India
Constitution of India
The Constitution of India is the supreme law of India. It lays down the framework defining fundamental political principles, establishes the structure, procedures, powers, and duties of government institutions, and sets out fundamental rights, directive principles, and the duties of citizens...
have been framed to keep it in a subordinate position to the Assembly, with its membership of professionals seen as a guiding influence on the latter body, rather than as its rival.
Abolition and revival
The existence of a Legislative Council has proven politically controversial. A number of states that have had their Council abolished have subsequently requested its re-establishment; conversely, proposals for the re-establishment of the Council for a state have also met with opposition. Proposals for abolition or re-establishment of a state's Legislative Council require confirmation by the Parliament of India.In April 2007, the State of Andhra Pradesh
Andhra Pradesh
Andhra Pradesh , is one of the 28 states of India, situated on the southeastern coast of India. It is India's fourth largest state by area and fifth largest by population. Its capital and largest city by population is Hyderabad.The total GDP of Andhra Pradesh is $100 billion and is ranked third...
re-established its Legislative Council. The State's main opposition party, the Telugu Desam Party
Telugu Desam Party
Telugu Desam Party or TDP is a regional political party in India's Andhra Pradesh state. It was founded by former Telugu film star N. T...
, has stated that it would abolish the council again if it comes to power in the state. But Telugu Desam Party
Telugu Desam Party
Telugu Desam Party or TDP is a regional political party in India's Andhra Pradesh state. It was founded by former Telugu film star N. T...
could not come to the power for the past 7 years.
After the victory of the Akali Dal-BJP in Punjab, newly elected Chief Minister Prakash Singh Badal stated that he would re-constitute the state's Vidhan Parishad.
External links
- Andhra Pradesh council polls on March 22
- Badal indicates to revive Vidhan Parishad in Punjab
- http://nos.org/317courseE/L-13%20THE%20STATE%20LEGISLATURE.pdf