Position of the Legislative Council

The Legislative Council is the Upper House in a bicameral state legislature (like in UP, Bihar, Karnataka, etc.).
However, its constitutional status and powers are much weaker than that of the Legislative Assembly (Lower House).

Let’s understand its position under two heads 👇

A. Spheres where the Legislative Council is Equal to the Legislative Assembly

Even though it’s weaker overall, there are a few areas where both Houses are on an equal footing:

1. Ordinary Bills:
   Both Houses can introduce and discuss ordinary bills.
   However, in case of disagreement, the Assembly’s will prevails.
2. Approval of Governor’s Ordinances:
   Both Houses must approve ordinances issued by the Governor.
3. Selection of Ministers (including Chief Minister):
   • Ministers can be from either House.
   • But, they are collectively responsible only to the Legislative Assembly, not to the Council.
4. Consideration of Reports:
   Both Houses discuss reports of constitutional bodies like:
   • State Finance Commission,
   • State Public Service Commission (SPSC),
   • Comptroller and Auditor General (CAG).
5. Extension of SPSC’s Jurisdiction:
   Both Houses have equal say when expanding the functions of the State Public Service Commission.

B. Spheres where the Legislative Council is Unequal / Subordinate to the Assembly

Here lies the essence of its weak position.
In all key legislative and financial matters, the Council is subordinate to the Assembly.

Let’s see point by point 👇

1. Money Bill:
   • Can be introduced only in the Assembly.
   • The Council cannot amend or reject it; can only recommend changes and must return within 14 days.
2. Assembly’s final power:
   The Assembly can ignore the Council’s recommendations.
   Once it does, the Bill is deemed passed by both Houses.
3. Speaker’s authority:
   The Speaker of the Assembly has final power to decide whether a Bill is a Money Bill or not.
4. Ordinary Bill:
   The Council can delay an ordinary Bill for a maximum of four months (3 months + 1 month),
   but cannot reject it permanently.
   ➤ Thus, the Council is not even a true revising chamber — it’s more of a dilatory (delaying) chamber.
5. Budget:
   The Council can discuss the Budget but cannot vote on the Demands for Grants — this power belongs exclusively to the Assembly.
6. No-confidence Motion:
   The Council cannot remove the Council of Ministers, as they are collectively responsible only to the Assembly.
   It can only discuss and criticise government policies.
7. Bills Originating in the Council:
   If such a Bill is rejected by the Assembly, it dies immediately — the Council cannot do anything further.
8. Elections to National Offices:
   • The Council does not participate in:
     • The election of the President of India, or
     • The election of Rajya Sabha members from the state.
9. Constitutional Amendment Bills:
   The Council has no effective say — it may discuss, but the Assembly’s decision prevails.
10. Existence of the Council:
    The very existence of the Council depends on the will of the Assembly.
    Parliament can abolish or create the Council only if the Assembly passes a special resolution (Article 169).

🧠 Inference

So, the Legislative Council is far weaker than the Rajya Sabha.
The Rajya Sabha has equal powers with the Lok Sabha in most spheres (except Money Bills),
but the Council is subordinate in almost every sphere.

Hence, the predominance of the Assembly over the Council is constitutionally established.

⚖️ Why is the Legislative Council weaker than the Rajya Sabha?

The framers of the Constitution intentionally made the Council weak.
Here are the three major reasons 👇

1️⃣ Federal Character Absent

• The Rajya Sabha represents the states of India — it embodies the federal principle.
  Hence, it must be powerful to protect state interests.
• But the Legislative Council represents different interest groups within the same state, not the states themselves.
  So, it does not reflect federalism.

Therefore, the Council need not be as strong.

2️⃣ Heterogeneous Composition

• The Council is heterogeneously composed —
  members are elected by teachers, graduates, local bodies, etc., and some are nominated.
• This mixed composition weakens its political authority.
  In contrast, the Rajya Sabha is homogeneously composed — it directly represents state legislatures.

3️⃣ Democratic Principle and British Influence

• In a democracy, the directly elected House must have supremacy — it represents the will of the people.
  Therefore, the Council must yield to the Assembly.
• This is the British model:
  The House of Lords (Upper House) cannot block or defeat the House of Commons (Lower House).
  It can only delay:
  • An Ordinary Bill for one year,
  • A Money Bill for one month.

Similarly, in India, the Legislative Council plays only a delaying and revising role.

🧩 Criticisms of the Legislative Council

Because of its limited powers, critics often call it:

“A secondary chamber”,
“A costly ornamental luxury”, or
“A white elephant.”

They argue that:

• It duplicates work done by the Assembly,
• Serves as a rehabilitation centre for defeated politicians,
• And burdens the state exchequer.

🌿 Arguments in Favour of the Legislative Council

However, it still has some practical utility, which supporters highlight:

1. Prevents hasty legislation:
   The Council gives a second look to bills passed in haste by the Assembly —
   ensuring quality law-making and reasoned debate.
2. Brings experts into law-making:
   Since one-sixth of the members are nominated by the Governor,
   experts in literature, science, art, social service, and cooperative movements can contribute —
   people who may not contest elections but possess valuable knowledge.

Thus, even though weak, the Council plays a revisory and advisory role, adding intellectual depth to state legislation.