The West Bengal Assembly on Tuesday passed a resolution supporting an ad-hoc committee report that favoured the creation of West Bengal Legislative Council or West Bengal Vidhan Parishad amid opposition by the BJP.
The revival of the West Bengal Legislative Council was one of the promises that Mamata Banerjee had made during the run-up to the Bengal elections and featured prominently in the TMC's poll manifesto.
What is Vidhan Parishad?
The legislative council is part of the bicameral setup which currently exists in six states in the country. Uttar Pradesh, Telangana, Maharashtra, Karnataka, Andhra Pradesh and Telangana have Legislative Councils.
A bicameral legislature was meant to allow academicians and intellectuals, who are not suited for electoral politics, to contribute in making a vibrant democracy. The council serves as a forum for experts to carry out extensive deliberations on policy matters that require careful drafting and more time. Though the Assembly always has a final say in things, the council's suggestions in policy matters are crucial to prevent the Legislative Assembly from exercising too much legislation or executive authority.
In short, the Legislative Council is to the state government what the Rajya Sabha is to the Central Government. It's an important tool for checks and balances in a democracy.
How are members of a Legislative Council elected?
The Legislative Council of a state is constituted as per Article 168 of Indian Constitution. Article 171 of the Constitution of India says that the total number of Members in the Legislative council of a State shall not exceed one third of the total number of Members in the Legislative Assembly.
In West Bengal Legislative Assembly, since the maximum number of MLAs is 294, the maximum number of West Bengal Vidhan Parishad seats is likely to be 98.
The size of the council can't be less than 40 seats.
"Of the total number of members of the Legislative Council, 1/3 of members are elected by electorates consisting of the Members of Local Authorities, 1/12 are elected by electorates consisting of graduates residing in the State, 1/12 are elected by electorates consisting of persons engaged in teaching, 1/3 are elected by the Members of Legislative Assembly and the remaining are nominated by the Governor," according to APlegislature.org.
How are Legislative Councils created or abolished?
As per Article 169 of the Constitution, in order to create or dissolve a Legislative Council in a state, a resolution to that effect has to be passed by the Legislative Assembly of the state 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.
On Tuesday, the resolution — 'Consideration of report of the adhoc committee to examine the recommendation for creation of a Legislative council' — was moved by state parliamentary affairs minister Partha Chatterjee under Rule 169 of the Procedures of Conduct of Business of the House.
Voting was duly held, with 196 of the 265 members present in the House supporting the creation of the council and 69 opposing it.
When was Bengal Vidhan Parishad dissolved?
Bengal had a Vidhan Parishad from 1952 to 1969. The Bengal legislative council was dissolved with effect from 1 August, 1969, during the time of United Front government in the state.
The BJP has given two reasons for its opposition to the formation of the Bengal Vidhan Parishad.
First, it said that the TMC wants to pursue "backdoor politics" to help party leaders get elected as lawmakers despite having lost the Assembly polls. The TMC lawmaker, the BJP referring to, is clearly Mamata Banerjee who has time till first week of November to get elected as an MLA or MLC to retain her chief ministership.
The second reason that the BJP gave was the move would put pressure on state exchequer. Echoing the BJP, lone ISF MLA Naushad Siddiqui also opposed the resolution.
Notably, Uttar Pradesh chief minister Yogi Adityanath is a member of the Uttar Pradesh Legislative Council. He was able to retain the Office of Chief Minister because he was elected a member of the UP Vidhan Parishad.
Why revival of Bengal Vidhan Parishad crucial for Mamata's chief ministership?
While Banerjee's TMC swept the Bengal Assembly election held between March to May 2021, she lost the election from Nandigram Assembly constituency against former aide-turned-adversary BJP leader Suvendu Adhikari.
Banerjee was sworn-in as the Chief Minister of Bengal after the election results in May. However, she needs to get elected as an MLA or a Member of Legislative Council (MLC) within a period of six months. Failing which, she will have to resign as the Chief Minister of West Bengal, and TMC will be forced to pick another Chief Minister.
Given the COVID-19 situation, it's not clear if the Election Commission would hold an Assembly bypoll in West Bengal before the expiration of the six months period.
A revival of the West Bengal Vidhan Parishad before the six month expiration period would allow Banerjee to get elected as MLC to the Upper House (Vidhan Parishad) and save her chief ministership.
Would formation of Vidhan Parishad only benefit TMC?
However, it would be incorrect to say that only TMC leaders would get elected to the Legislative Council. Though TMC would benefit the most, the BJP too will be able to gets its party members elected to the MLC.
What's next: The passed resolution will now be moved to the West Bengal Governor for his assent. Following that, the matter will have to be tabled before the Parliament for to include West Bengal in Article 168 of the Constitution as a state with two houses. The changes, however, are not considered as constitutional amendment.
Once both Houses of the Parliament clear the resolution, it will go to the President of India for his assent.
With inputs from PTI
July 06, 2021 at 09:13PM
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