Odisha’s plan to have a legislative council
Odisha wants to join the group of States that have an Upper House
The State Cabinet has approved a 49-member Legislative Council after accepting the report of a committee set up in 2015 to study the functioning of the second chamber in other States and make recommendations
The process of setting up a state council
Under Article 169 of the constitution, Parliament may by law create or abolish the second chamber in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority
Thereafter, Parliament has to enact a law to create it
Advantages of having an Upper House
An Upper House provides a forum for academicians and intellectuals, who are arguably not suited for the rough and tumble of electoral politics
It also provides a mechanism for a more sober and considered appraisal of legislation that a State may pass
Arguments against having a council in states
Rather than fulfilling the lofty objective of getting intellectuals into the legislature, the forum is likely to be used to accommodate party functionaries who fail to get elected
It is also an unnecessary drain on the exchequer
Today, legislatures draw their talent both from the grassroots level and the higher echelons of learning. There are enough numbers of doctors, teachers and other professionals in most political parties today
If there was any real benefit in having a Legislative Council, all States in the country should, and arguably would have a second chamber
The fact that there are only seven such Councils suggests the lack of any real advantage
Comparison with Rajya Sabha
The Rajya Sabha’s represents the States rather than electoral constituencies
It is also a restraining force against the dominance of elected majorities in legislative matters
Way Forward
Legislative Councils are subject to varied and inconclusive discussions around their creation, revival and abolishment
Given all this, Odisha’s proposal may give the country at large an opportunity to evolve a national consensus on Legislative Councils
