West Bengal passes resolution to create a Legislative Council
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Table of Contents
- Introduction
- Re-introduction of Legislative Council
- Process of abolishing or creating Legislative Council
- Historic background of legislature in West Bengal
- Composition of Legislative Council
- Duration of State legislative council
- Legislative council in other states
- Conclusion
Introduction
Mamata Banerjee has been Chief Minister of West Bengal since 2011, she leads All India Trinamool Congress commonly known as TMC. On 6th July, 2021, Government of West Bengal passed a resolution in the state legislative assembly to establish a legislative council in West Bengal. One of the poll promises made by Mamata Banerjee was the creation of a legislative council in the state of West Bengal. The resolution was passed by 196 votes in favour and 69 against it. However, opposition had raised several questions on the creation of the legislative council. The reason behind the creation of the legislative council was to obtain the opinion of eminent and veteran personalities on the lawmaking process and other important decisions of the government. State legislative council serves as an important body for prolonged and in-depth discussions on important issues. Not only West Bengal but many other states such as Assam and Rajasthan bill are also pending in parliament to create a legislative council in their respective states.
Re-introduction of Legislative Council
The West Bengal Legislative Council (Abolition) Act, 1969 legislative council was abolished from 1st August, 1969. The reason for re-introduction of Legislative Council in West Bengal as Stated by Bhattacharya is that some of the finest parliamentarians such as Arun Jaitley and Manmohan Singh came into limelight due to the fact that they were elected in Rajya Sabha. The virtuous people who have incompatible intellectual capacity such as doctors, engineers, professors or other high academicians get chance to be a part of Government via upper house because they are not involved in politics and don’t contest elections but their expertise is of prime importance to government hence there is a need to create some space for these great personalities to guide the government in their decision or policy making process. Therefore, a need for re-introduction of Legislative Council was felt in the state of West Bengal, where they can be directly nominated by the governor of the state.
Process of abolishing or creating Legislative Council
For abolition or creation of Legislative council in any state the procedure has been given under Article 169 of The Constitution of India, 1949.
Article 169(1) of The Constitution of India, 1949 for the Abolition or creation of legislative council is possible only when the Legislative assembly of that state passes a resolution by majority of the total membership of legislative assembly and by majority of not less than 2/3 of the members present and voting.
The total strength of the Legislative assembly is 294 members however; only 265 members were present and voting. The resolution was passed by 196 votes in favour and 69 against it. Hence, the total number of votes needed for the creation of legislative council in West Bengal was above 176 (294 * 2/3), which is 2/3 of the total members present and voting. Therefore, it has secured 196 which are clearly above the mark to be achieved.
Article 169(2) of The Constitution of India, 1949 defines the power to parliament for the constitution of legislative council. Even though under article 169(1) the state legislative assembly passes the bill for the formation of legislative council in the state it cannot be formed until parliament of India passes the bill further and the president of India assents it.
Historic background of legislature in West Bengal
- By Indian Councils Act, 1861legislative council for Bengal was established by Governor-General of India, it has 12 members initially it was gradually increased to 20 out of which 7 was elected members.
- The Indian Councils Act, 1909further enlarged legislative council members to 50.
- The Government of India Act, 1919has raised this number to 125. The Legislative council was inaugurated by his royal highness on 1 February, 1921.
- By the Government of India Act, 1935, Bi-cameral legislature for Bengal was created.
- The Legislative Assembly had 250 members and the duration was 5 years unless dissolved before the stipulated time.
- The Legislative Council had not more than 65 and not less than 63. There was no fixed duration however, it had a provision for retirement of 1/3 members every 3 years.
- The state of West Bengal was partitioned into West Bengal and East Pakistan. Thereafter, the West Bengal Legislative Assembly was constituted with 90 members and the Legislative Council was abolished.
- On 21stNovember, 1947 Legislative Assembly conducted its first meeting.
- The Constitution of India once again presented West Bengal with Bi-cameral legislatures.
- A resolution was passed by the legislative assembly of West Bengal for abolishing the Legislative council.
- Parliament passed West Bengal Legislative Council (Abolition) Act, 1969and abolished legislative council from 1stAugust, 1969. It was abolished by the coalition government because it was considered a sign of elitism.
- Thereby, the present legislature is unicameral (legislative assembly).
Composition of Legislative Council
By virtue of article 171 of Indian Constitution, The total members in the legislative council of the state shall not exceed 1/3 of the total members in the legislative assembly of that state. Provided that the total members in the legislative council should not be less than 40.
- Out of total members of legislative council, 1/3 shall be elected by electorates ( consisting of members of municipalities, district boards and other local authorities)
- Out of total members of legislative council, 1/12 shall be elected by electorates (consisting of person residing in that state who have been for at least 3 years graduates of any university in territory of India or have been at least 3 years in possession of qualifications which is equivalent to the graduate of any university )
- Out of total members of legislative council, 1/12 shall be elected by electorates (consisting of person who have been for at least 3 years engaged in teaching in education institution within that state, Not lower than secondary school)
- Out of total members of the legislative council, 1/3 shall be elected by members of the legislative assembly of that state from those persons who have not been a member of the legislative assembly.
- Remaining shall be nominated by the governor of that state. (The member nominated shall have special knowledge or practical experience in the field of Literature, Art, Science, Social service or co-operative movement)
The elections held should be by way of proportional representation by means of single transferable vote.
Duration of State legislative council
Article 172 of Indian Constitution provides for the duration of legislative council. Legislative council of a state cannot be dissolved similarly like Rajya Sabha but nearly 1/3 members shall retire every 2nd year in accordance with the laws made by parliament.
Legislative council in other states
By virtue of Article 168 of Indian Constitution Bihar, Madhya Pradesh, Karnataka, Uttar Pradesh and Maharashtra are supposed to have bicameral legislation. However, currently only Bihar, Karnataka, Uttar Pradesh and Maharashtra have bicameral legislation. Madhya Pradesh legislative council has been abolished by Madhya Pradesh Legislative Council (Abolition) Act, 1969. Since then Madhya Pradesh has only a legislative assembly.
Apart from above mentioned states Andhra Pradesh and Telangana have legislative councils. Andhra Pradesh Legislative council was established by Andhra Pradesh Legislative Council Act, 2005 and the legislative council was constituted on 30th April, 2007. Telangana, the youngest state which was formed by Andhra Pradesh Reorganisation Act, 2014 constituted its legislative council by Andhra Pradesh Reorganisation Act, 2014.
In Tamil Nadu, Dravida Munnetra Kazhagam, a political party had made a promise to revive legislative council in every manifesto; it has also made several attempts but never succeeded in constituting legislative council. Moreover, other states like Assam and Rajasthan bills are pending in parliament for the creation of legislative council. Odisha also plans to move forward a bill for the introduction of legislative council. Meanwhile, Andhra Pradesh wants to abolish the legislative council and has passed a resolution for abolishing it. Government claims that this action is purely in public interest as the legislative council only delays the lawmaking process and also causes waste of public money as a huge expenditure.
Conclusion
Formation of legislative council in West Bengal is queued up with other states’ demand for legislative council in their respective states. Opposition had opposed this move of TMC commenting that it will be a huge loss to the exchequer and also blamed that TMC is trying to fit in their ministers in Legislative council. Furthermore, the bill passed by the legislative assembly of West Bengal might face hurdles in parliament because BJP, opposing the bill, is in majority in parliament. As per Article 169 of The Constitution of India, 1949, Legislative Council can be formed only after legislative assembly of the respective state and parliament along with the president signing the bill. The debate which states the pros and cons of having a Legislative Council continues for decades. Different states and their political parties have different views in respect to it.