Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations.
Approach · directive: “explain / review”
What it asks · State how Councils are created, abolished and composed (Articles 168 to 172), review their powers and usefulness, and give the present position with examples.
The question has 3 parts — answer each
- Explain the constitutional provisions under which Legislative Councils are established (Articles 168, 169, 171, 172)
- Review the working of Legislative Councils: powers, usefulness and criticism
- Give their current status with suitable illustrations
Open with · Article 168 allows a State to have a Legislative Council as a second chamber; under Article 169, Parliament, not the State alone, decides whether it exists.
Cover
- Article 169: a Council is created or abolished by Parliament through ordinary law, not an Article 368 amendment, after a special-majority resolution of the Assembly.
- Composition (Article 171): at most one-third of the Assembly's strength and at least 40; chosen by MLAs, local bodies, graduates and teachers, plus Governor's nominees.
- Tenure: a permanent House; one-third of members retire every second year (Article 172).
- Powers: weaker than the Rajya Sabha; it can delay ordinary Bills (three months, then one) and only recommend on Money Bills within 14 days.
- Working: they give experts, graduates and teachers a forum and revise Bills, but critics call them costly, slow and a shelter for defeated politicians.
- Present status (as of 2022): six States have Councils: Andhra Pradesh, Telangana, Bihar, Karnataka, Maharashtra and Uttar Pradesh; Jammu and Kashmir's ended in 2019 with the Reorganisation Act.
- Illustrations: Punjab and West Bengal (1969) and Tamil Nadu (1986) abolished theirs; Andhra Pradesh abolished (1985) and revived (2007); the Rajasthan and Assam proposals await Parliament, and the West Bengal Assembly voted in 2021 to seek a Council.
Close with · Councils add deliberative depth but little power; whether they justify their cost is a political choice, and Article 169 leaves the final decision with Parliament.
Add value (verified)
- Article 169 lets Parliament create or abolish a State's Legislative Council by law if the Assembly resolves by a majority of its total membership and by two-thirds of the members present and voting. The Constitution of India (as on 1 May 2024), Article 169(1) - Legislative Department ↗“the Legislative Assembly of the State 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”
Question: UPSC's CS (Main) 2021, GS Paper II — paper ↗. Approach: Minimalist IAS, checked 30 Sept 2026 (how we verify) — UPSC publishes no model answers. ·
Model answer · 298 words (UPSC limit 250) · Minimalist IAS
Article 168 allows a State to have a Legislative Council as a second chamber; under Article 169 the decision to create or abolish one rests with Parliament, on the initiative of the State Assembly.
Constitutional provisions
- Article 169: Parliament creates or abolishes a Council by ordinary law after the Assembly resolves by a majority of its total membership and two-thirds of members present and voting; such a law is not an Article 368 amendment.
- Article 171: strength is at most one-third of the Assembly and at least 40; one-third each elected by MLAs and by local bodies, one-twelfth each by graduates and by teachers, and one-sixth nominated by the Governor.
- Article 172: a permanent House, with one-third of members retiring every second year.
- Powers (Articles 197-198): it can delay an ordinary Bill by three months, then one month; on Money Bills it may only recommend within 14 days.
Working
- Merits: revises hasty legislation, gives experts, graduates and teachers a forum, and lets governments draw talent from outside the Assembly.
- Criticism: costly for weak powers, slow, and a shelter for defeated politicians and patronage; since the Assembly can override it, it is at best a delaying chamber.
Current status and illustrations
- Six States have Councils (as of 2022): Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana and Uttar Pradesh; Jammu and Kashmir's ended with the Reorganisation Act, 2019.
- Abolitions: Punjab and West Bengal (1969) and Tamil Nadu (1986); Andhra Pradesh abolished its Council in 1985 and revived it in 2007.
- Pending: the Rajasthan and Assam proposals await Parliament, and the West Bengal Assembly voted in 2021 to seek a Council.
Councils add deliberative depth but little power; whether they justify their cost is a political choice, and Article 169 ensures that Parliament, not the ruling party of the day, makes it.
Written by Minimalist IAS from facts checked at source (how we verify) — a little fuller than exam length, so every part of the question is covered; in the hall, keep the structure and trim the detail. UPSC publishes no model answers: compare your structure and coverage with this, then write your own.