The Andhra Pradesh cabinet passed a resolution on January 27, setting in motion the process for abolishing the Legislative Council.

A similar resolution will now be adopted in the Legislative Assembly and sent to the Centre for necessary follow-up action.

With just nine members, the ruling YSR Congress is in a minority in the 58-member Legislative Council. The opposition Telugu Desam Party (TDP) has an upper hand with 28 members and the ruling party could get a majority in the House only in 2021 when a number of opposition members will retire at the end of their six-year term.

The move came after the Y.S. Jaganmohan Reddy government last week failed to pass in the Upper House of the state legislature two crucial Bills related to its plan of having three capitals for the state.

Andhra Pradesh Legislative Council chairman M.A. Sharrif on January 22 referred to a select committee the two Bills - AP Decentralisation and Inclusive Development of All Regions Bill, 2020, and the AP Capital Region Development Authority (CRDA) Act (Repeal) Bill - for deeper examination.

The chairman had said that he was using his discretionary powers under Rule 154 while referring the Bills to the select panel in line with the demand of the TDP.

Following this, the chief minister had told the Assembly, “We need to seriously think whether we need to have such a House, which appears to be functioning with only political motives. It is not mandatory to have the council, which is our own creation, and it is only for our convenience. So, let us discuss the issue further and take a decision on whether or not to continue the council.”

In fact, the ruling party had on December 17 first threatened to abolish the council when it became clear that the TDP was bent on blocking two Bills related to creation of a separate commission for SCs and conversion of all government schools into English medium.

As the legislature was adjourned sine die on December 17, no further action was taken. But last week, the issue cropped up again as the TDP remained firm on its stand on opposing the three capitals plan.

The YSRC managed to get two TDP members to its side, but the government failed to get the three capitals Bills passed in the council.

“What will be the meaning of governance if the House of Elders does not allow good decisions to be taken in the interest of people and block enactment of laws? We need to seriously think about it… Whether we should have such a House or do away with it,” the chief minister had said in the Assembly.

Legislative Council in India

In India, seven states follow a bicameral system, wherein the legislature is divided into Legislative Assembly and Legislative Council.

These states are Andhra Pradesh, Bihar, Jammu and Kashmir (before bifurcation), Karnataka, Maharashtra, Telangana and Uttar Pradesh.

Article 169 of the Constitution grants every state the right to create or abolish the Legislative Council. According to Article 169, Parliament may by law provide for the abolition of the Legislative Council or for the creation of such a council if the Legislative Assembly 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.

Selection for Legislative Council

The total strength of the Legislative Council should not exceed one-third of the total number of members of the Legislative Assembly, but it should not be less than 40.

Article 171 of the Constitution deals with the selection process of the Legislative Council.

One-third shall be elected by electorates consisting of members of municipalities, district boards and such other local authorities in the state as Parliament may by law specify.

One-third shall be elected by the members of the Legislative Assembly from among persons who are not members of the Assembly.

One-twelfth shall be elected by electorates consisting of persons residing in the state who have been for at least three-year graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university.

One-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the state, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament.

The remainder shall be nominated by the Governor.

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