Vidhana Parishath, Composition, Powers and Functions

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.