Q5(c) · UPSC Civil Services Mains 2022 · PSIR GS 1 · 10 marks · 2 min read

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Legislative Council is a house without any effective powers. Comment.

Topic: Indian Nationalism. Syllabus: Indian Nationalism: Political Strategies of India’s Freedom Struggle; Perspectives on Indian National Movement; Gandhi, Tagore, Nehru, Ambedkar, and the socialists. Same official PYQ from year-wise 2022 and Indian Nationalism.

Revision summary

State Legislative Councils exist under Article 169 and are weaker than Assemblies. They cannot reject money bills or defeat a government. Ordinary bills can only be delayed, then deemed passed by the Assembly. Rajya Sabha is a stronger second chamber than a Vidhan Parishad. The house has revising use, not effective ruling power.

Model answer

Introduction

A State Legislative Council is a second chamber created under Article 169. Compared with the Legislative Assembly it is weak. Calling it a house without any effective powers is a half-truth: it can delay and revise, it cannot rule.

Body

What it cannot do

  • Money bills originate only in the Assembly. The Council may recommend within fourteen days; the Assembly may ignore the recommendations (Article 198).
  • On other bills it may delay, not veto. After the Assembly’s second passage, the bill is deemed passed (Article 197).
  • The Council of Ministers is responsible to the Assembly, not to the Council. No government falls in the upper house.
  • Creation and abolition themselves lie with Parliament after a state resolution, so the Council’s existence is politically contingent.

What remains

  • A revising chamber can catch drafting errors and give a voice to teachers, graduates, and local-body members where those constituencies exist.
  • Delay can matter in a thin Assembly majority or near the end of a session.
  • Compared with the Rajya Sabha, which has federal and some exclusive functions (Articles 249, 312), a Vidhan Parishad is far weaker.
  • States have abolished councils (West Bengal, Tamil Nadu at times, Punjab, Andhra debates) precisely because parties judged them costly and ineffective.

Comment

  • Effective power in a parliamentary system means confidence, money, and final legislative will. The Council lacks those.
  • It is not a cipher in every bill, but it is not a coequal house. The statement is substantially right if “effective” means decisive.

Flow diagram

flowchart TD
  LC[Legislative Council] --> D[Delay and revise]
  LC --> N[No confidence power]
  LC --> M[No money veto]
  LA[Legislative Assembly] --> G[Government and final will]

Conclusion

The Legislative Council is a delaying and revising house without confidence power or a money veto. That is not zero function. It is not effective government. The comment holds for decisive powers.

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