Describe the composition, powers and functions of the State Legislative Council.

In India there are 28 states. Every state has the right or option of retaining one house of the Legislature i.e. the Legislative Assembly (Vidhan Sabha) or the two houses i.e., the Legislative Assembly as well as the Legislative Council (Vidhan Parishad). The Legislative Council is the Upper House of the State Legislature.

Composition of the Upper House (Legislative Council):

Election: The members of the Legislative Council are not elected directly by the voters. They are elected in the following ways:

1. One-third of the members of the Council are elected by the State Legislative Assembly. These persons are not to be the members of the House.

2. One-third of the members are elected by the local bodies namely Corporations, Municipalities, Zila Parishads, Panchayats, etc.

3. One-twelfth of the members of the Council are elected by the teachers of not lower than Higher Secondary School. Teachers who have three years of standing are entitled to vote in the elections.

4. One-twelfth of the members are elected by the university graduates of at least 3 years of standing.

5. One-sixth of the total members of the Council are nominated by the Governor. These persons have special aptitude and specialization in literature, fine arts, science and social service.

Term of Office: The Legislative Council is a permanent body. Its one-third members retire by rotation after every 2 years but these persons can be re-elected. Each member of the Council remains in office for 6 years.

Powers and Functions of the Legislative Council:

1. Legislative Powers: Any non-Money Bill which can be introduced in the Legislative Assembly can also be introduced in the Legislative Council. Any Ordinary Bill on the subjects mentioned in the State List and Concurrent List can be introduced in the Legislative Council. After the Bill is passed by the Legislative Council it is sent to the Government for his assent unless it is passed by the Legislative Assembly. The Legislative Council can delay a non-Money bill for 4 months.

2. Financial Powers: In financial matters, the Legislative Council does not enjoy much powers. Money Bills cannot be introduced in this chamber. The Money Bill can only be introduced in the Legislative Assembly and after it is passed by it, it is sent to the Legislative Council and the Council can delay it only for 14 days. It may reject the bill or may not take any action over it for 14 days and in both the cases the bill is considered as passed by both the Houses.

3. Control over the Executive: The Legislative Council does not exercise much control over the executive. Some ministers are of course taken from the Council. Its members can ask questions to the ministers and they are to give satisfactory answers to the questions. The Council can criticise the functioning of the department under the ministers. More than this it does not have any control over the Council of Ministers. The Council of Ministers cannot be removed from office by the Legislative Council.

4. Electoral Functions: The Legislative Council elects its Chairman and Deputy Chairman. The Chairman is responsible for running smoothly the business of the House. In his absence the Deputy Chairman performs his duty. The Legislative Council has no right to take part in the election of the President of India, like the Legislative Assembly.