The West Bengal Cabinet on May 17, 2021 decided to set up a Legislative Council, or a Vidhan Parishad.
- The Trinamool Congress in its manifesto has promised formation of Legislative Council and Chief Minister Mamata Banerjee had also said that the Vidhan Parishad will be set up once the Trinamool Congress government returns to power.
- For setting up the council, a Bill has to be introduced in the State Assembly and then a nod from the State’s Governor is required.
How Legislative Councils are created in states?
- 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.
- According to the Article 169, 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.
- 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.
- A third 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. The remaining members are appointed by the Governor for distinguished services in various fields.
- West Bengal Legislative Council, the Upper House of the bicameral legislature in West Bengal existed till 1969, till a resolution was passed in the State Assembly for its dissolution. Not all States in the country have Legislative Councils.
- 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.
