Amendment in Andhra Pradesh Reorganisation Act, 2014

Date: December 26, 2014

Legislative councils; Andhra predesh

Amendment in Andhra Pradesh Reorganisation Act, 2014

 

The Union Cabinet chaired by the Prime Minister has given its approval for amending certain sections of the Andhra Pradesh Reorganisation Act, 2014 to rectify the anomaly in allocating the number of seats in Andhra Pradesh State Legislative Council and to enhance the total number of seats to 58 as per the provisions of the Constitution. As  the existing strength of Andhra Pradesh Legislative Assembly is 175 and 1/3rd of its strength is constitutionally permissible, hence the state government has proposed to increase the strength to 58 MLCs from current strength of 50 MLCs.

Provisions related with legislative council-

 The Vidhan Parishad (or Legislative Council) is the upper house in those states of India that have a bicameral legislature.The Legislative Council of a state is constituted as per Article 168 of Indian Constitution. which reads as-

Art. 168. Constitution of Legislatures in States.-
(1) For every State there shall be a Legislature which shall consist of the Governor, and-

(a) in the States of Bihar, Maharashtra,Karnataka,127and Uttar Pradesh two Houses;

(b) in other States, one House.

(2) Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, 

While  Article 171 of the Indian Constitution provides that the total number of Members in the Legislative council of a State shall not exceed one third of the total number of Members in the Legislative Assembly.

Members: it reads as-

Art171. Composition of the Legislative Councils.-
(1) The total number of members in the Legislative Council of a State having such a Council shall not exceed 1/3[one third] of the total number of members in the Legislative Assembly of that State:

Of the total number of Members of the Legislative Council, 1/3 of Members are elected by electorates consisting of the Members of Local Authorities, 1/12 are elected by electorates consisting of graduates residing in the State, 1/12 are elected by electorates consisting of persons engaged in teaching, 1/3 are elected by the Members of Legislative Assembly and the remaining are nominated by the Governor.

Current status of Legislatve councils of the state-

As of 2014, Seven (out of twenty-nine) states have a Legislative Council: Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra,Telangana and Uttar Pradesh.

 

Suggested Questions for Prelims-

1- Articles related with formation of legislative councils of the state?

2-No. and name of states having legislative councils?

3-Manner of election of members of legislative council?

Suggested Questions for Mains- As pre declining trend in quality of  legislative discussions discuss the role of legislative councils in state legilatures?(200 words)