Critically evaluate the funtion of the Legislative Council.
Answers
Answer:
MLC must be a citizen of India, at least 30 years old, mentally sound, not an insolvent, and must be enrolled on the voters' list of the state for which he or she is contesting an election. He or she may not be a Member of Parliament and Member of the State Legislative Assembly at the same time.
The tenure of the MLCs are six years. One-third of the members of Legislative Council retire after every two years. This arrangement parallels that for the Rajya Sabha, the upper house of the Parliament of India.[1]
Explanation:
The size of the State Legislative Council cannot be more than one third of the membership of the State Legislative Assembly. However, its size cannot be less than 40 members. These members elects the Chairman of Legislative Council and Deputy Chairman.
MLCs are chosen in the following manner:
One third are elected by the members of local bodies such as municipalities, Gram panchayats, Panchayat samitis and district councils.
One third are elected by the members of Legislative Assembly of the State from among the persons who are not members of the State Legislative Assembly.
One sixth are nominated by the Governor from persons having knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social services.
One twelfth are elected by persons who are graduates of three years' standing residing in that state.
One twelfth are elected by teachers who had spent at least three years in teaching in educational institutions within the state not lower than secondary schools, including colleges and universities.
The Indian Constitution gives limited power to the Legislative Council. The Legislative Council can neither make or break a state government. The Legislative Council also have no role in the passing of Finance Bills. But some of the powers it has is that the Chairman and Deputy Chairman of the State Legislative Council enjoy the same status of Cabinet Ministers in the state.