Andhra Pradesh Assembly passed resolution for the abolition of the Legislative Council

The Andhra Pradesh Cabinet has cleared the decks 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.

About Legislative Council

• India has a bicameral system i.e. two Houses of Parliament.
• At the state level, the equivalent of the Lok Sabha is the Vidhan Sabha or Legislative Assembly and that of the Rajya Sabha is the Vidhan Parishad or Legislative Council.

Constitutional Provision

• The Constitution provides for the abolition or creation of legislative councils in states.
• Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect.
• Such a specific resolution must be passed by the state assembly by a special majority i.e. majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.

Creation of Legislative Council

• Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.

Strength of Legislative Council

• As per article 171 clause (1), the total number of members in the legislative council must not have more than a third of the total membership of the Assembly of that state and in no case fewer than 40 members.

Election of Legislative Council

• 1/3rd of members are elected by the members of the Assembly.
• 1/3rd by electorates consisting of members of municipalities, district boards and other local authorities in the state.
• 1/12th by an electorate consisting of teachers.
• 1/12th by registered graduates.
• The remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, the cooperative movement, and social service.

Background

• Andhra Pradesh got the legislative council created in 1957 and got the same abolished in 1985.
• The Legislative Council in Andhra Pradesh was again revived in 2007, after the enactment of the Andhra Pradesh Legislative Council Act, 2005.

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