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Article 169 :Abolition of Legislative Councils, Purpose and Significance

 

Article 169 of the Indian Constitution pertains to the creation of legislative councils in states. It allows for the establishment of a legislative council in a state if the state legislature passes a resolution to this effect.

The Article 169: Legislative Councils in States

  • Provision for Creation: Article 169 grants the Indian Parliament the power to create a Legislative Council in a state if the state’s legislative assembly passes a resolution requesting the formation of such a council. This council acts as a second chamber in the state legislature, complementing the existing Legislative Assembly.
  • Process and Approval: The process begins with the state legislature passing a resolution with a simple majority. Following this, the Parliament must approve the creation of the council through legislation.
  • Functions and Composition: The Legislative Council’s functions and composition are determined by the Parliament and can vary from state to state. Typically, it reviews and revises legislation proposed by the Legislative Assembly.
  • Role in Governance: The Legislative Council plays a crucial role in the state’s legislative process, providing additional scrutiny and debate on proposed laws and policies. It helps ensure a more comprehensive legislative process.
  1. Purpose and Significance
  2. Provisions of Article 169
  3. Formation and Abolition of Legislative Councils
  4. Procedures for Formation and Abolition
  5. Role of the Governor and State Legislature
  6. Impact on Federal Structure
  7. Case Studies and Examples
  8. Criticisms and Debates
  9. Frequently Asked Question (FAQs)
Article 169

Purpose and Significance

Purpose

  1. Flexibility in Legislative Structure: Article 169 gives States the ability to have a Legislative Council (Vidhan Parishad) if needed, or to dissolve it if it’s miles now not deemed necessary. This lets in States to evolve their legislative systems primarily based totally on their unique desires and administrative contexts.
  2. Enhancing Legislative Review: The advent of a Legislative Council offers a 2nd chamber to study and debate regulation surpassed through the decrease house (Legislative Assembly). This can cause extra thorough scrutiny of laws, probably enhancing the high-satisfactory and effectiveness of regulation.
  3. Balancing Representation: A Legislative Council can constitute diverse sectors of society, along with experts, professionals, and representatives from one of a kind regions, making sure a broader illustration and inclusion of numerous views withinside the legislative technique.
  4. Providing Expertise: The Legislative Council can encompass contributors with specialised expertise or enjoy in one of a kind fields. This understanding can make contributions to extra knowledgeable decision-making and coverage formulation.

Significance

  1. Strengthening Federal Structure: Article 169 is widespread in retaining the federal shape of India through permitting States to tailor their legislative frameworks. This flexibility helps the standards of federalism and decentralization through permitting States to regulate their legislative mechanisms.
  2. Improving Legislative Efficiency: The presence of a Legislative Council can decorate the performance of the legislative technique through presenting extra layers of evaluate and discussion. This can save you hasty or poorly taken into consideration regulation from being enacted.
  3. Promoting Democratic Governance: By incorporating a mechanism for the advent and abolition of Legislative Councils, Article 169 guarantees that legislative our bodies can evolve in reaction to converting political and social dynamics, thereby helping democratic governance.

Provisions of Article 169

Creation of a Legislative Council:

  1. Proposal through State Legislature: A Legislative Council may be installed in a State if the State Legislature passes a decision to this impact through a majority of its general club.
  2. Legislative Process: The decision for the introduction of a Legislative Council is despatched to the Parliament of India. The Parliament should then enact a regulation to set up the Legislative Council in that State.

Abolition of a Legislative Council:

  1. Resolution through State Legislature: If a Legislative Council already exists, the State Legislature can byskip a decision to abolish it through a majority of its general club.
  2. Legislative Process: This decision is forwarded to Parliament, which should then byskip a regulation to dissolve the Legislative Council.

Role of the Governor:

  1. The Governor of the State performs a position in beginning the notion or decision for the introduction or abolition of a Legislative Council. This entails speaking with the State Legislature and facilitating the process.

Parliamentary Legislation:

  1. The status quo or dissolution of a Legislative Council calls for the enactment of a regulation through the Parliament of India. This rules outlines the certain provisions for the introduction or abolition of the Council.

State Legislature`s Role:

  1. The State Legislature should byskip a decision with a majority of its general club to both set up or abolish a Legislative Council. This guarantees that any selection concerning the Council has large help inside the State.

Process of Enactment:

  1. Creation: For introduction, the Parliament enacts a regulation that information the composition, powers, and capabilities of the Legislative Council.

Formation and Abolition of Legislative Councils

Proposal through State Legislature:

Submission to Parliament:

  • Once the State Legislature passes the decision, it’s far forwarded to the Parliament of India. The decision acts as a proper request to create a Legislative Council withinside the State.

Parliamentary Legislation:

  • The advent of a Legislative Council calls for the enactment of a regulation through the Parliament. This regulation specifies the structure, powers, and capabilities of the Council, together with the variety of individuals, their qualifications, and the approach in their selection.
  • The regulation additionally outlines the procedural aspects, along with the tenure of the individuals and the guidelines governing the operation of the Council.

Governor`s Role:

  • The Governor of the State performs a position withinside the manner, especially in speaking the decision and facilitating its development thru the vital channels.

Implementation:

  • Once the regulation is enacted through Parliament, the State Government implements the provisions, together with the status quo of the Council and the appointment of its individuals.

Proposal through State Legislature:

  • To abolish an present Legislative Council, the State Legislature ought to byskip a decision with a majority of its overall club.
  • This decision ought to be surpassed through as a minimum two-thirds of the individuals gift and voting.
  • The decision must element the motives for the abolition and imply the consensus withinside the State Legislature.

Procedures for Formation and Abolition

Formation of a Legislative Council

Initiation:

  • State Legislature Resolution: The method starts offevolved with the State Legislature passing a decision to set up a Legislative Council. This decision have to be followed through a majority of the full club of the State Legislature, with as a minimum two-thirds of these gift and balloting in favor.

Proposal to Parliament:

  • Submission: The decision is submitted to the Parliament of India. It acts as a proper request to create a Legislative Council withinside the State.
  • Review: The Parliament opinions the proposal, which can also additionally contain discussions, debates, and consultations with diverse stakeholders.

Legislative Process:

  • Drafting of Bill: The Parliament drafts a Bill to set up the Legislative Council. The Bill info the composition, powers, functions, and different applicable factors of the Council.
  • Parliamentary Approval: The Bill is brought in both House of Parliament (Lok Sabha or Rajya Sabha), debated, and have to be authorised through a majority in each Houses.
  • Presidential Assent: After passing each Houses, the Bill is despatched to the President of India for assent. Upon receiving the President`s assent, the Bill will become law.

Implementation:

  • Formation: The State Government implements the provisions of the brand new law, consisting of appointing contributors to the Legislative Council, putting in place administrative structures, and making ready for its operational activities.
  • Council Operations: The Legislative Council starts offevolved its operations in keeping with the policies and policies hooked up through the brand new law.

Role of the Governor and State Legislature

Role of the Governor

In Initiating the Process:

  • Facilitating Proposal: The Governor can play a key function in facilitating the concept for the introduction or abolition of a Legislative Council. This may also contain encouraging the State Legislature to do not forget the sort of decision if there’s a perceived want or preference for change.

Communication and Coordination:

  • Sending the Resolution: Once the State Legislature passes a decision to both create or abolish a Legislative Council, the Governor is answerable for forwarding the decision to the Parliament of India. This step is essential for starting up the legislative system on the countrywide level.
  • Liaison Role: The Governor acts as a liaison among the State Legislature and the Parliament, making sure easy communique and coordination in the course of the system.

Implementation of Legislative Changes:

  • Implementation Assistance: After Parliament enacts the regulation to set up or dissolve a Legislative Council, the Governor assists in enforcing the provisions of the brand new regulation. This may also encompass overseeing administrative changes and making sure compliance with the brand new legislative framework.

Governor`s Assent:

  • No Direct Role in Abolition: In the context of abolition, the Governor does now no longer have an instantaneous function withinside the dissolution system as soon as the decision is despatched to Parliament. The Governor`s function is greater approximately facilitating the procedural factors in place of without delay influencing the outcome.

Impact on Federal Structure

1. Flexibility and Adaptability

  • Enhanced Federal Flexibility: The capacity of States to create or abolish Legislative Councils permits for flexibility withinside the federal system. States can adapt their legislative systems to fulfill evolving administrative needs, nearby conditions, and political circumstances. This adaptability helps the precept of federalism with the aid of using accommodating numerous local needs.

2. State Autonomy

  • Increased Autonomy: The technique empowers States to form their legislative framework in line with their possibilities and requirements. By permitting States to decide whether or not they want a 2nd chamber, the federal shape respects and promotes State autonomy withinside the broader country wide framework.

3. Legislative Efficiency

  • Impact on Legislative Processes: The presence of a Legislative Council can decorate the performance of the legislative technique with the aid of using presenting a further layer of evaluate and scrutiny. Conversely, its abolition can streamline legislative processes, lowering redundancy and doubtlessly rushing up decision-making. These modifications effect how efficaciously and efficaciously State legislatures can operate.

4. Representation and Inclusivity

  • Broader Representation: The status quo of a Legislative Council can cause greater inclusive illustration with the aid of using incorporating individuals with specialised information or enjoy from diverse sectors. This broadens the scope of illustration and guarantees that numerous views are taken into consideration withinside the legislative technique.
  • Impact of Abolition: The abolition of a Legislative Council would possibly consolidate illustration inside a unmarried chamber, that could streamline legislative capabilities however may additionally lessen the variety of viewpoints and knowledge withinside the State Legislature.

Case Studies and Examples

1. Formation of Legislative Councils

Karnataka (1986)

  • Background: The Karnataka Legislative Council changed into installed in 1986 after a protracted duration of dialogue and discussion.
  • Process: The Karnataka State Legislature exceeded a decision to create the Council, which changed into ultimately accepted through Parliament via the Karnataka Legislative Council Act, 1986.
  • Impact: The formation of the Council changed into geared toward improving legislative scrutiny and presenting a platform for exact overview of legislation. The Council protected contributors from numerous backgrounds, contributing to a richer legislative technique.

Telangana (2014)

  • Background: After the formation of the brand new State of Telangana in 2014, there has been a widespread push to set up a Legislative Council.
  • Process: The Telangana Legislative Assembly exceeded a decision to create the Council, which changed into then accepted through the Parliament via the Andhra Pradesh Legislative Councils (Reorganization) Act, 2014.
  • Impact: The status quo of the Council changed into visible as a step to reinforce the legislative framework of Telangana, facilitating a extra exact exam of payments and policies.

2. Abolition of Legislative Councils

Andhra Pradesh (1985)

  • Background: The Andhra Pradesh Legislative Council changed into abolished in 1985.
  • Process: The Andhra Pradesh Legislative Assembly exceeded a decision to dissolve the Council, bringing up issues approximately its effectiveness and utility. The decision changed into forwarded to Parliament, which exceeded the Andhra Pradesh Legislative Councils (Abolition) Act, 1985.
  • Impact: The abolition streamlined the legislative technique in Andhra Pradesh, consolidating legislative capabilities inside a unmarried chamber. However, it additionally caused debates approximately the lack of an extra layer of legislative overview.

Criticisms and Debates

Criticisms of Legislative Councils

Cost and Efficiency:

  • Criticism: Legislative Councils are regularly criticized for including extra layers of paperwork and incurring more expenses. Critics argue that keeping a 2nd chamber may be financially burdensome for the State, in particular if it does now no longer make contributions substantially to legislative efficiency.
  • Debate: Proponents of Legislative Councils counter that the extra layer gives treasured scrutiny and expertise, which could decorate the great of law. They argue that the expenses are justified through the advantages of thorough evaluate and debate.

Redundancy:

  • Criticism: Some view Legislative Councils as redundant, in particular if the State Legislature`s unmarried chamber is already powerful in debating and passing laws. The extra chamber can be visible as duplicating capabilities and inflicting delays withinside the legislative process.
  • Debate: Supporters of Legislative Councils argue that the second one chamber performs a important function in presenting a one-of-a-kind perspective, reviewing law in extra detail, and representing diverse hobby agencies and sectors.

Political Patronage:

  • Criticism: There are worries that Legislative Councils can come to be arenas for political patronage, in which contributors are appointed primarily based totally on political connections instead of merit. This can result in a loss of responsibility and a notion of corruption.
  • Debate: Defenders argue that, notwithstanding capacity issues, Councils can nonetheless characteristic correctly and make contributions to legislative oversight. They emphasize the significance of right choice standards and obvious procedures to mitigate those worries.

Representation Issues:

  • Criticism: The technique of appointing contributors to Legislative Councils can enhance worries approximately insufficient representation. Appointments might not constantly mirror the various demographic and socio-financial profile of the State.

Freqently Asked Questions (FAQs)

Q1: What is Article 169 of the Indian Constitution?

Ans. Article 169 provides for the creation and abolition of Legislative Councils in States. It allows a State Legislature to pass a resolution to either establish or dissolve a Legislative Council, subject to the approval of Parliament.

Q2: How can a State Legislature create a Legislative Council?

Ans.A State Legislature can create a Legislative Council by passing a resolution with a majority of the total membership and at least two-thirds of the members present and voting. This resolution must then be approved by the Parliament.

Q3: What is the process for abolishing a Legislative Council under Article 169?

Ans. To abolish a Legislative Council, the State Legislature must pass a resolution in the same manner as for creation. This resolution is then sent to Parliament for approval.

Q4: What role does the Governor play in the process of forming or abolishing a Legislative Council?

Ans. The Governor facilitates the process by forwarding the resolution passed by the State Legislature to the Parliament. The Governor assists in communication and implementation but does not have a direct role in the approval or abolition process.

Q5: Does Article 169 apply to all States in India?

Ans.Article 169 applies to States with Legislative Councils or those considering their establishment. Not all States have Legislative Councils; it is up to the individual State Legislature to decide whether to have one.

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