Vidhan Parishad: State Legislative Council

The Vidhan Parishad, or the State Legislative Council, is the upper house of the bicameral legislature in select Indian states. While not all states have a Legislative Council, those that do benefit from this additional forum for deliberation and review. Similar in function to the Rajya Sabha at the national level, the Vidhan Parishad represents a unique feature of India’s federal structure, providing an extra layer of scrutiny for state legislation.

Historical Background

The concept of a bicameral legislature in Indian states was inherited from British colonial governance. The Government of India Act, 1919, introduced the idea of bicameralism in provincial legislatures. Post-independence, the framers of the Constitution included provisions for a Legislative Council in Article 169, recognizing the need for some states to have a second chamber for better governance.

Structure and Composition of Vidhan Parishad (State Legislative Council)

The structure of the Vidhan Parishad is unique and designed to represent various sections of society. The total number of members in the council cannot exceed one-third of the total strength of the Vidhan Sabha (Legislative Assembly) but must be at least 40 members. The composition is as follows:

1. Elected Members (5/6th of the total strength):
   • MLAs: One-third of the members are elected by the members of the Vidhan Sabha.
   • Local Authorities: One-third are elected by members of local bodies such as municipalities and district boards.
   • Teachers: One-twelfth are elected by teachers in the state who have at least three years of experience.
   • Graduates: One-twelfth are elected by graduates residing in the state.
2. Nominated Members (1/6th of the total strength):
   • The Governor of the state nominates members with expertise in literature, science, art, social service, or cooperative movements.

Functions and Powers of the Vidhan Parishad

The Vidhan Parishad performs legislative, deliberative, and advisory functions, contributing to the state’s legislative process. While its powers are more limited than those of the Vidhan Sabha, it plays an essential role in governance.

1. Legislative Functions:

• Ordinary Bills:
  • Bills can originate in either house, except Money Bills. The Vidhan Parishad can discuss, amend, or suggest modifications to the bills passed by the Vidhan Sabha.
  • The Vidhan Parishad can delay an ordinary bill for up to three months in the first instance and one month if it is returned after reconsideration.
• Money Bills:
  • Money Bills can only be introduced in the Vidhan Sabha. Once passed, they are sent to the Vidhan Parishad for recommendations, which the Vidhan Sabha may accept or reject.

2. Deliberative Functions:

• Members of the Vidhan Parishad discuss important issues concerning the state, offering insights and perspectives that may not always emerge in the Vidhan Sabha.

3. Advisory Role:

• The Vidhan Parishad serves as an advisory body, providing recommendations on state policies and governance issues.

4. Scrutiny of the Executive:

• The council scrutinizes the functioning of the state government by raising questions, participating in debates, and moving motions to hold the executive accountable.

States with a Vidhan Parishad

Currently, only a few states in India have a bicameral legislature with a Vidhan Parishad. These include:

1. Andhra Pradesh
2. Bihar
3. Karnataka
4. Maharashtra
5. Telangana
6. Uttar Pradesh

The Constitution allows the creation or abolition of a Vidhan Parishad in a state through a resolution passed by the Vidhan Sabha and approved by Parliament.

Importance of the Vidhan Parishad

The Vidhan Parishad adds value to the legislative process and governance in the following ways:

1. Checks and Balances:
   • It provides a platform for reviewing and refining legislation passed by the Vidhan Sabha, ensuring better scrutiny and reducing the risk of hasty decisions.
2. Expert Representation:
   • Nominated members bring expertise from various fields, enriching legislative debates with their knowledge and experience.
3. Diverse Perspectives:
   • By including representatives of local authorities, teachers, and graduates, the Vidhan Parishad reflects a wide range of perspectives.
4. Stability:
   • As a permanent body that is not subject to dissolution, the Vidhan Parishad ensures continuity in the legislative process.

Challenges Faced by the Vidhan Parishad

Despite its significance, the Vidhan Parishad faces criticism and challenges:

1. Limited Powers:
   • The council’s inability to veto legislation and its subordinate status to the Vidhan Sabha reduce its influence.
2. Cost of Maintenance:
   • Maintaining a bicameral legislature is expensive, leading critics to question the necessity of the Vidhan Parishad in certain states.
3. Perceived Redundancy:
   • Critics argue that the Vidhan Parishad often duplicates the work of the Vidhan Sabha, making it redundant.
4. Political Bias:
   • The election and nomination process can sometimes lead to the council being used as a political tool rather than a platform for expertise and deliberation.

Conclusion

The Vidhan Parishad serves as an essential component of India’s federal and democratic framework in states with a bicameral legislature. While it may lack the extensive powers of the Vidhan Sabha, its role in deliberation, scrutiny, and representation cannot be overlooked. However, to maximize its potential, reforms may be necessary to address criticisms and enhance its effectiveness. Whether a state chooses to have a Vidhan Parishad should depend on its specific governance needs and financial considerations.