The West Bengal Assembly on July 6 passed a resolution supporting an ad hoc committee report that favoured creation of a Legislative Council amid opposition by the BJP.

The resolution — ‘Consideration of the ad hoc committee’s report to examine the recommendation for the creation of a Legislative Council’ — was moved by state parliamentary affairs minister Partha Chatterjee under Rule 169 of the Procedures of Conduct of Business of the House.

Voting was duly held, with 196 of the 265 members present in the House supporting the Council’s creation and 69 opposing it.

What is Legislative Council?

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

• Six states that have a Legislative Council are: Maharashtra, Telangana, Uttar Pradesh, Andhra Pradesh, Karnataka and Bihar.

• Before bifurcation in 2019, Jammu & Kashmir also had Legislative Council.

• 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.

Proposal for setting up Legislative Council in West Bengal

• The TMC government had earlier tabled the proposal in the state Assembly for setting up Vidhan Parishad after coming to power in 2011.

• The proposal was accepted, and a committee was also set up in this regard. The committee had given its report, and it was decided that a resolution would be taken for the creation of the Legislative Council. However, the resolution was never taken up.

• West Bengal Legislative Council was first set up in 1952 and abolished in 1969 during the time of the United Front government.

• Now, the resolution would need a nod from the Governor, and after that, a Bill has to be passed in the Parliament. Following which it has to be sent for President’s assent so that a Legislative Council can be created.

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