The Andhra Pradesh Assembly on January 27, 2020 passed a resolution for the abolition of the Legislative Council.
- 133 members, voted for it and none opposing it. The Opposition Telugu Desam Party had made it clear that it would boycott the proceeding.
- The state government had moved the resolution as per Article 169 (1) of the Constitution.
- Besides Andhra Pradesh (58 members), five other states have Legislative Councils: Bihar (58), Karnataka (75), Maharashtra (78), Telangana (40), Uttar Pradesh (100).
- Jammu and Kashmir too had a Council, until the state was bifurcated into the Union Territories of J&K and Ladakh.
Background
- The Legislative Council of united Andhra Pradesh was created on July 1, 1958, and dissolved on May 31, 1985. It was resurrected after 22 years, on March 30, 2007.
- Since the bifurcation of Andhra Pradesh in 2014, the Council has had 58 members.
- Now the fate of the state vidhan parishad will be decided by the Parliament as its approval is required as per the Constitution of India.
- The Union Law Ministry will prepare a Bill to be tabled in Parliament. The process may take 3-6 months, during which time the Council will continue to function.
Constitutional Provision
- Under Article 168, states can have either one or two Houses of legislature.
- Article 169 leaves the choice of having a Vidhan Parishad to individual states.
- Under Article 171, a Council cannot have more than a third of the number of MLAs in the state, and not less than 40 members.
- 1/3 of the MLCs are elected by MLAs, another third by a special electorate comprising sitting members of local government bodies such as municipalities and district boards, 1/12th by an electorate of teachers, and another 1/12th by registered graduates.
- Besides Andhra Pradesh, five other states have Vidhan Parishads — Bihar (58 members), Karnataka (75), Maharashtra (78), Telangana (40), UP (100). Jammu and Kashmir had a Council until the state was bifurcated into the Union Territories of J&K and Ladakh.
- The Odisha Assembly has also passed a resolution for a Legislative Council.
Article 169 of the Constitution of India: Abolition or creation of Legislative Councils in States
- Notwithstanding anything in Article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two thirds of the members of the Assembly present and voting,
- Any law referred to in clause ( 1 ) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary,
- No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368.
