Q5(d) · UPSC Civil Services Mains 2024 · PSIR GS 1 · 10 marks · 2 min read

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Relevance of the Legislative Council.

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 2024 and Indian Nationalism.

Revision summary

The Legislative Council is a state’s optional second chamber under Articles 168–171. Its members come from local bodies, graduates, teachers, Assembly electors, and a nominated quota. It can revise and delay ordinary bills but cannot finally block money bills. Relevance lies in scrutiny and functional or local representation; the case against it is cost, delay, and patronage. Creation and abolition follow an Assembly resolution and a parliamentary law, so the Constitution treats the Council as useful only if a state will use it as a revising house.

Model answer

Introduction

A Legislative Council is the Vidhan Parishad, the optional second chamber of a state legislature under Articles 168 to 171. It is not a copy of the Rajya Sabha for every state. Its relevance is the live question: whether a revising house still earns its cost in a democratic system already based on the Vidhan Sabha.

Body

Design

Parliament may create or abolish a Council if the Legislative Assembly so resolves. Membership mixes elected teachers, graduates, local-body representatives, Assembly electors, and a Governor’s nominated quota of persons from literature, science, art, the cooperative movement, and social service. The Council cannot permanently block money bills. It can delay and revise ordinary legislation. This is a house of second thought and of functional representation, not a house of equal popular sovereignty.

Relevance

Supporters say a Council checks hasty bills, gives a voice to local bodies and professions, and offers a place for experienced persons who may not fight Assembly elections. In a large state, revision can improve drafting. Opponents say it is a parking place for party loyalists, a delay on majority programmes, and a colonial leftover. Several states have abolished Councils; others retain or seek them.

Relevance, then, is conditional. A Council is relevant where it actually revises and represents local government, as the 73rd Amendment’s panchayat system might suggest a need for a local-body stream. It is not relevant as a permanent veto on the Assembly. The constitutional design already limits it. The political task is to staff it for scrutiny rather than for patronage.

Flow diagram

flowchart TD
  LC[Legislative Council] --> M[Mixed membership]
  LC --> R[Revise and delay]
  LC --> LIM[No permanent money-bill veto]
  REL[Relevance] --> SCR[Scrutiny]
  REL --> PAT[Patronage risk]

Conclusion

The Legislative Council is an optional revising chamber with a mixed electorate and limited power over money. It remains relevant as second thought and as a channel for local and professional voice. It loses relevance when it is only patronage. The Constitution leaves that choice to states under parliamentary approval.

Quick related

Students also ask

  • Women's role in the anti-arrack movement.

    Next question on this syllabus topic (2024 · Q5(e)). View answer →

  • Is the Council a federal house like the Rajya Sabha?

    No. It represents categories within a state, not states in the Union. Federal second-chamber logic belongs to the Council of States at the Centre.

  • Why do some states want a Council and others not?

    Parties may want revision, a wider elite, or berths for allies. Others see delay of their Assembly majority. The constitutional test should be scrutiny, not berths.

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