Legislative Council - Qualifications, term, Functions and powers

Legislative Council

The Legislative council is a mere ornamental chamber and its very existence is depending on the will of the Legislative Assembly. Under the constitution, the Legislative Council can be created or abolished by a simple Act of Parliament on the recommendation of the state concerned under Article 169. But, the recommendation of state Legislative Assembly to create or abolish the Legislative Council should be supported by a special majority i.e., two-third majority.

Composition

The members of the Legislative Council shall not be more than one-third of the total members of the Legislative Assembly, but not less than forty. The Legislative Council of Tamil Nadu had 63 members. Normally, it is constituted by a mixture of direct election, indirect election and nomination. Elections to the Legislative Council are to be held by the system of proportional representation by single transferable vote system in the following manner (Article: 170-171).

(a)    1/3 members shall be elected by the Legislative Assembly

(b)    1/3 members shall be elected by the municipalities, district boards and other local authorities as specified by parliament by law.

(c)     1/12 members shall be elected by the graduates constituencies.

(e)     1/12 members shall be elected by the teacher's constituencies; and 1/6 members are nominated by the Governor From amongst persons who have distinguished themselves in the fields of literature, art, science, social service and cooperative movement.

Qualifications and term

According to the Constitution, a person should have the following qualifications for the election to the Legislative Council.

(i)    He must be a citizen of India.

(ii)   He must have attained 30 years of age. and

(iii)  He must possess such other qualifications as may be laid down by parliament.

Relating to the term of the Legislative Council, it is a continuing body, not subject to dissolution. Like the Rajya sabha of Parliament, its one-third members retire after every two years. A member of the Council has a six year term and he may be re-elected to the council.

Functions and powers

1.     Ordinary bills may be introduced in this Legislative Council.

2.     It ratifies the money bills passed by the legislative Assembly.

3.     It can delay 14 days on money bills and 30 days on ordinary bills passed by the Legislative Assembly.

4.     It elects its Chairman and the Deputy Chairman amongst the members.

5.     It constitutes various committees for various business and

6.     It ratifies the ordinances promulgated by the Governor. Generally, the Legislative Council is a mere ornamental body and hence it is considered as weak house. It does not take part in the election of the president or in the ratification of the Constitutional Amendment Bills. In short, the Legislative Council is powerless in relation to the Legislative Assembly. To call it a Second Chamber or Upper House of a state legislature is a misnomer. As already stated, Legislative Council is not in the Legislature of Tamil Nadu. Hence, Tamil Nadu has the unicameral legislature