Tag: Inclusiveness

Vidhana Parishad, also known as the Legislative Council, is the upper house in the bicameral state legislature of some Indian states like Karnataka. It is a permanent body that cannot be dissolved, though one-third of its members retire every two years. Members are indirectly elected through various constituencies including local bodies, graduates, teachers, and the legislative assembly, while some are nominated by the Governor. The Vidhana Parishad acts as a revising chamber, reviewing and suggesting amendments to bills passed by the Vidhana Sabha. However, it holds limited power in financial matters and cannot reject Money Bills.

Composition of Vidhana Parishath:

Vidhana Parishad, or Legislative Council, is the upper house of the Karnataka State Legislature. It is a permanent body and is not subject to dissolution, although one-third of its members retire every two years. The maximum strength of the Council is fixed at one-third of the total strength of the Vidhana Sabha (Legislative Assembly), subject to a maximum of 75 members. Currently, the Karnataka Legislative Council has 75 members, who are elected through various constituencies and nominated by the Governor. Of these, 25 members are elected by the members of the Legislative Assembly, 25 are elected by local authorities, 7 by graduates, and 7 by teachers. The remaining 11 members are nominated by the Governor from among persons having special knowledge or experience in literature, science, art, cooperative movement, or social service. Members serve for a six-year term, with one-third retiring every two years, ensuring continuity. The Chairman presides over the sessions of the Council, and a Deputy Chairman assists in their absence. The Vidhana Parishad plays a deliberative and advisory role, reviewing and suggesting changes to legislation passed by the Vidhana Sabha, though it has limited powers in financial matters and cannot veto Money Bills.

Powers of Vidhana Parishath:

• Legislative Powers

Vidhana Parishad has the power to discuss and review ordinary bills passed by the Vidhana Sabha. It may suggest amendments or delay a bill, but it cannot permanently block it. If the Assembly passes a bill and the Council rejects or delays it for more than four months (two months in each of two successive sessions), the bill is deemed passed by both houses. Thus, while it plays an important advisory and revisory role, the ultimate legislative power rests with the Vidhana Sabha in case of disagreement.

• Financial Powers

The financial powers of the Vidhana Parishad are very limited. A Money Bill can only be introduced in the Vidhana Sabha, and once passed, it is sent to the Council for its recommendations. The Council cannot amend or reject a Money Bill; it must return the bill within 14 days, whether with recommendations or without. The Vidhana Sabha may accept or reject these recommendations. Therefore, the Parishad acts merely as an advisory body in financial matters and has no decisive role in approving the budget or taxation proposals of the state government.

• Deliberative Powers

As a deliberative body, the Vidhana Parishad provides a forum for informed debate and discussion on policies, social issues, and legislative proposals. Its members often include experienced professionals, academicians, and public figures, which helps in enriching debates with expertise and diverse perspectives. Although the Council’s views are not binding on the Assembly, its deliberations can influence the quality and depth of legislation. This function makes the Council an important platform for constructive criticism and policy review, contributing to more thoughtful and well-rounded decision-making in state governance.

• Electoral Powers

The members of the Vidhana Parishad participate in certain electoral processes at the state level. While they do not participate in electing the President or Vice President of India, they elect their own Chairman and Deputy Chairman. Additionally, some members of the Vidhana Parishad are elected by special electorates like graduates, teachers, and local authorities, making them a part of a broader electoral framework. This composition ensures representation from diverse social and professional groups, allowing the Council to reflect interests beyond those directly represented in the Legislative Assembly.

• Constitutional Powers

Vidhana Parishad performs certain functions as laid down in the Constitution of India. It can pass resolutions, discuss matters of public importance, and take part in deliberations that may assist the government in policy-making. However, it plays no role in constitutional amendments, which are handled by Parliament and, in some cases, ratified by state legislative assemblies. The Council can also initiate discussion on issues of constitutional relevance within the state, and suggest reforms or actions. These powers, though limited, support the broader constitutional framework and enhance the state’s democratic functioning.

• Advisory Role

The Vidhana Parishad’s most significant contribution lies in its advisory and revisory role. It acts as a check on hasty legislation by the Assembly, especially in complex or technical matters. Comprising individuals with experience in fields like law, education, and social service, it provides expert insights and alternative viewpoints. Although it does not wield significant power, its advice often helps in improving the quality of laws. This advisory function is especially useful in maintaining a balance between quick legislative action and careful, considered law-making in a federal democratic system.

Functions of Vidhana Parishath:

1. Legislative Functions

The Vidhana Parishad reviews and suggests amendments to bills passed by the Vidhana Sabha (except Money Bills). It acts as a revising chamber, ensuring thorough scrutiny of legislation. If it rejects or amends a bill, the Vidhana Sabha can override it by passing the bill again. This system prevents hasty law-making while maintaining the lower house’s supremacy.

2. Delaying Powers on Bills

Parishad can delay non-Money Bills for up to three months (first reading) and one month (second reading). This allows for additional debate and public opinion consideration. However, it cannot block bills indefinitely, ensuring the Vidhana Sabha’s final authority in law-making.

3. Financial Bill Limitations

Parishad has no control over Money Bills. It can only discuss them for 14 days and suggest recommendations, which the Vidhana Sabha may accept or reject. This ensures financial matters remain under the directly elected house’s authority.

4. Executive Oversight

Members can question ministers, debate state policies, and hold the government accountable through discussions and motions. However, unlike the Vidhana Sabha, it cannot pass a no-confidence motion, ensuring stability while still allowing constructive criticism.

5. Electoral Functions

The Parishad participates in electing:

• The President of India (along with other legislatures).

• Rajya Sabha members (1/3rd from its own members).

• Some of its members are elected by local bodies, graduates, and teachers, ensuring diverse representation.

6. Special Responsibilities

It can recommend legislation on state-specific issues, such as cultural preservation, education reforms, or local governance improvements. Though not binding, these recommendations influence policy-making.

7. Constitutional Amendment Role

For certain constitutional changes (e.g., altering state boundaries or abolishing the Parishad itself), its consent is required, protecting states’ federal interests.

Vidhana Sabha, also known as the State Legislative Assembly, is the lower house (or sole house in unicameral states) of the state legislature in India. It is a directly elected body by the people of the state through adult suffrage. Members are known as MLAs (Members of Legislative Assembly). The number of seats varies by state based on population. The Governor summons, prorogues, and can dissolve the Vidhana Sabha. It plays a key role in making state laws, approving budgets, and holding the executive accountable. The leader of the majority party becomes the Chief Minister. Sessions are presided over by the Speaker. Vidhana Sabha reflects democratic values by representing the will of the people in state governance.

Composition of Vidhana Sabha in Karnataka:

Vidhana Sabha in Karnataka is the lower house of the bicameral state legislature, with the Vidhana Parishad as the upper house. It consists of 224 elected members, each representing a separate constituency, and one nominated member from the Anglo-Indian community (if required, as per Article 333 of the Constitution, though this provision has been abolished by the 104th Constitutional Amendment Act, 2019). Members of the Vidhana Sabha are directly elected by the people of Karnataka through universal adult suffrage for a term of five years, unless dissolved sooner. The Speaker presides over its sessions, while the Deputy Speaker assists when required. The Vidhana Sabha plays a vital role in formulating state laws, approving budgets, and monitoring the functioning of the state executive. The party or coalition with a majority in the Vidhana Sabha forms the state government, and its leader becomes the Chief Minister. The Governor of Karnataka summons and prorogues the sessions and can dissolve the house on the advice of the Chief Minister. The composition ensures democratic representation of all regions and communities of Karnataka, contributing to inclusive governance and accountability in the state’s political structure.

Powers of Vidhana Sabha:

• Legislative Powers

Vidhana Sabha has the primary authority to make laws on subjects mentioned in the State List and Concurrent List of the Seventh Schedule of the Constitution. Bills related to these subjects can be introduced and passed by the Assembly. In bicameral legislatures like Karnataka, if there’s disagreement with the Vidhana Parishad (Legislative Council), the Vidhana Sabha’s decision prevails after a waiting period. Laws passed by the Assembly become acts after the Governor’s assent. This power ensures that state-specific laws reflect local needs and conditions, thereby strengthening democratic law-making at the state level.

• Financial Powers

Vidhana Sabha holds exclusive power in financial matters. A Money Bill can be introduced only in the Vidhana Sabha and not in the Vidhana Parishad. The Assembly controls the state budget, including taxation, expenditure, and public funds. The government cannot levy or collect any tax without its approval. The Annual Financial Statement (state budget) is laid before the Vidhana Sabha, and funds are allocated after its sanction. The Assembly also scrutinizes grants and expenditure through debates and discussions. Thus, it plays a crucial role in ensuring transparency and accountability in state financial administration.

• Executive Control

Vidhana Sabha exercises control over the state executive, including the Chief Minister and Council of Ministers, who are collectively responsible to the Assembly. Members can question government policies, demand answers, and move motions like the No-Confidence Motion to challenge the executive. Ministers must answer queries during sessions, explain policies, and respond to criticisms. This system of legislative oversight ensures that the government remains accountable to the people. If the Assembly passes a no-confidence motion, the entire Council of Ministers, including the Chief Minister, must resign. This reinforces the democratic principle of responsible governance at the state level.

• Electoral Powers

Vidhana Sabha also plays an indirect electoral role. Its members participate in the election of the President of India through an electoral college. Additionally, Members of Legislative Assembly (MLAs) from each state elect members to the Rajya Sabha (Upper House of Parliament). In some states, members of the Vidhana Sabha also elect members of the Vidhana Parishad, where applicable. These electoral powers connect state legislatures to national institutions, ensuring cooperative federalism. Through these elections, state assemblies contribute to the formation of the national leadership and representation in central decision-making bodies, reflecting the will of their respective states.

• Constitutional Powers

Vidhana Sabha also has powers under the Constitution of India. If the President’s Rule is imposed in a state under Article 356, it can only be extended beyond six months with the approval of Parliament, where the state legislature’s report plays a key role. The Assembly can also pass resolutions for creating or abolishing the Legislative Council (Vidhana Parishad) in the state, which is then acted upon by Parliament. In matters of constitutional amendments, while the Vidhana Sabha does not amend the Constitution, certain amendments (like changing the representation of states) require ratification by half the state legislatures, including Karnataka’s Vidhana Sabha.

Functions of Vidhana Sabha:

• Legislative Functions

Vidhana Sabha enacts laws on subjects in the State List (List II) and Concurrent List (List III) of the Constitution. It can pass bills on public order, police, health, agriculture, and education. If approved by the Vidhana Parishad (where applicable) and the Governor, these bills become state laws. In case of disagreement between the two houses, the Vidhana Sabha’s decision prevails in most cases after a second review.

• Financial Functions

Vidhana Sabha controls state finances. Money bills can only originate here, and the Vidhana Parishad can delay them for up to 14 days but cannot reject them. The assembly approves the state budget, taxation proposals, and expenditures. It ensures transparency and accountability in financial matters through debates and committees like the Public Accounts Committee (PAC).

• Executive Control

Vidhana Sabha exercises control over the State Council of Ministers. Members can question ministers, move motions (like no-confidence motions), and debate government policies. The Chief Minister and cabinet remain in power only as long as they retain the assembly’s majority support. This ensures responsible governance and prevents misuse of authority.

• Electoral Functions

Vidhana Sabha members participate in electing the President of India (along with Parliament and other state legislatures). They also elect members to the Rajya Sabha from their state. In some states, they elect a portion of the Vidhana Parishad members, contributing to the broader democratic process.

• Constitutional Amendment Role

While major constitutional amendments require Parliament’s approval, some changes (like altering state boundaries or creating new states) need the concerned Vidhana Sabha’s ratification. This ensures states have a say in federal structure modifications, protecting their autonomy.

• Representation of People

MLAs represent public interests by raising local issues, proposing welfare schemes, and ensuring government accountability. They act as a bridge between citizens and the administration, addressing grievances through discussions, questions, and constituency development programs.