BYE ELECTIONS TO THE LEGISLATIVE COUNCILS
02, Aug 2019
Prelims level : Polity- Parliament, State Legislature Mains level : GS-II- Parliament and State Legislatures - structure, functioning, conduct of business, powers & privileges and issues arising out of these
Why in News?
- There are casual vacancies created in the Legislative Council of Andhra Pradesh, Telangana, Rajasthan and Uttar Pradesh.
- When the seat of a member elected to a legislative house becomes vacant, due to resignation, death, etc. Then this causes casual vacancy and a bye-election is held within six months from the date of the occurrence of the vacancy.
- Our constitution does not force a bicameral legislature on states.
- It gives states the option of having a second House. As of today, seven states have Legislative Councils. These are Jammu and Kashmir, Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh and Telangana.
- 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.
Election to Legislative Councils:
- Membership may vary, but the Legislative Council must not have more than a third of the total membership of the Assembly of that state, and in no case fewer than 40 members.
- The exception is J&K, where the Legislative Council has 36 members vide Section 50 of the constitution of the state.
- About 1/3rd of members are elected by members of the Assembly
- another 1/3rd by electorates consisting of members of municipalities, district boards and other local authorities in the state
1/12th by an electorate consisting of teachers and 1/12th by registered graduates
- The remaining members are nominated by the Governor from among those who have distinguished themselves in literature, science, art, the cooperative movement, and social service.
- Legislative Councils are permanent Houses, and like Rajya Sabha, one-third of their members retire every two years.