Legislative council

Why in news?

• The Elections to elect four members for the Karnataka Legislative Council from Graduates’ and Teachers’ Constituencies has been announced.

About Legislative council

• The Legislative Council (Vidhan Parishad in Hindi) is the upper house in those states of India that have a bicameral legislature; the lower house being the State Legislative Assembly.
•  Its establishment is defined in Article 169 of the Constitution of India.
• Strength of the Legislative Council: Total Number of the Legislative Council should not exceed the 1/3rd of the total number of members of the Legislative assembly, but it should not be less than 40 (Article 171).
• Representatives in the Legislative Council: In legislative Council, there are 5 different categories of representation.

1. 1/3rd of the total membership is elected by the electorates consisting of the members of the self Governing bodies in the state such as Municipalities, District Boards etc.
2. 1/3rd members are elected by the members of the Legislative assembly of the State.
3. 1/12th members are elected by an electorate of University Graduates.
4. 1/12th members are elected by the electorate consisting of the secondary school teachers (3 year experience).
5. 1/6th members nominated by the Governor on the basis of their special knowledge / practical experience in literature, art, science, 1/6th members nominated by the Governor on the basis of their special knowledge / practical experience in literature, art, science, cooperative movement or social service.

• The power of abolition and creation of the State legislative council is vested in Parliament of India as per article 169.
• But again, to create or to abolish a state legislative council, the state legislative assembly must pass a resolution, which must be supported by majority of the strength of the house and 2/3rd majority of the present and voting (Absolute  + Special Majority).
• When a legislative council is created or abolished, the Constitution of India is also changed. However, still, such type of law is not considered a Constitution Amendment Bill.

PRELIMS QUESTION

Consider the following statements regarding Legislative Council.:
1.When a legislative council is created,it is under a Constitution Amendment Bill under article 368.
2.To create or to abolish a state legislative council, the state legislative assembly must pass a resolution, which must be supported by majority of the strength of the house and 2/3rd majority of the present and voting .
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to Prelims Question