Legislative Councils are typically established under the constitutional provisions of a country's constitution. These provisions typically outline the guidelines and procedures for the establishment, composition, powers, and functions of the Legislative Council.

The working and current status of Legislative Councils vary across different countries and regions. Some countries have a unicameral system, where there is only one legislative body, while others have a bicameral system, where there are two chambers: a lower house (often called the Legislative Assembly or House of Representatives) and an upper house (often called the Legislative Council or Senate).

The specific functions and powers of Legislative Councils also vary. However, they generally play a crucial role in the legislative process. The main functions of Legislative Councils include:

1. Legislation: Legislative Councils are responsible for debating and passing legislation. Members of the council propose bills, engage in discussions, and vote on proposed laws.

2. Representation: Members of Legislative Councils represent their constituents and voice their concerns, opinions, and interests in the legislative process.

3. Review and Oversight: Legislative Councils scrutinize the government's actions, policies, and budget proposals. They can hold the government accountable by asking questions, conducting inquiries, and initiating debates on issues of public interest.

4. Revision of Legislation: Legislative Councils may amend or revise proposed legislation to ensure it aligns with the interests and needs of the people.

5. Balance of Power: In a bicameral system, the Legislative Council acts as a check on the lower house by providing a separate forum for reviewing and potentially modifying legislation.

The current status of Legislative Councils varies across different countries:

1. United States: The United States Congress has a bicameral system with the Senate as the upper house and the House of Representatives as the lower house. The Senate is considered a Legislative Council, representing each state equally (two senators per state).

2. United Kingdom: The UK Parliament has a bicameral structure with the House of Lords as the upper house, acting as a Legislative Council. The House of Lords consists of appointed members, including life peers and bishops.

3. India: India has a bicameral system with the Rajya Sabha (Council of States) as the upper house and the Lok Sabha (House of the People) as the lower house. The Rajya Sabha functions as a Legislative Council, representing the states and union territories.

4. Australia: The Australian Parliament also follows a bicameral system, with the Senate as the upper house and the House of Representatives as the lower house. The Senate acts as a Legislative Council, representing the states and territories.

5. Hong Kong: Hong Kong has a partially elected Legislative Council, where some members are elected by the public, and others are appointed. However, recent developments have seen significant changes in the structure and functioning of the Legislative Council, impacting its democratic nature.

It's important to note that the structure and powers of Legislative Councils can evolve over time through constitutional amendments or political reforms. Therefore, the working and current status of Legislative Councils may vary based on these changes and developments.

Constitutional Provisions for Legislative Councils:

Article 168 of the Indian Constitution deals with the establishment of Legislative Councils in states. It allows for the creation of a second chamber, known as the Legislative Council, in addition to the existing Legislative Assembly (lower house). However, it's not mandatory for all states to have a Legislative Council.

Key Provisions:

• Establishment: Article 168(1) states that a state legislature can have two houses: a Legislative Assembly (always present) and a Legislative Council (optional).
• Creation/Abolition: The formation or abolition of a Legislative Council in a state is solely at the discretion of the Parliament.
• Parliamentary Resolution: The decision to create or abolish a Legislative Council is taken by Parliament through a resolution passed by a simple majority of its members. This resolution must then be approved by the President of India.
• Composition: The composition of the Legislative Council varies depending on the state. Generally, members are elected from different constituencies, including local authorities, graduates, teachers, and other special groups.
• Powers: Legislative Councils have specific powers, including:
• Legislative Powers: They have the right to discuss, amend, and pass bills, although the Assembly's approval is ultimately needed.
• Financial Powers: They can discuss and make recommendations on financial matters but cannot initiate money bills.
• Other Powers: They can participate in the impeachment process, provide advice to the state government, and scrutinize the functioning of the executive branch.

Working and Current Status of Legislative Councils:

Working:

• Legislative Process: Bills are first introduced in the Assembly and then sent to the Council for concurrence. If the Council amends the bill, it is sent back to the Assembly for consideration. Differences in bills are settled through joint sittings of both houses.
• Scrutiny and Debate: Legislative Councils are often seen as chambers for more in-depth discussion and scrutiny of legislation compared to the Assembly. They can provide valuable insights and raise concerns on bills, leading to better-informed decision-making.
• Representing Special Interests: Their composition, including members elected from special groups, allows for representation of diverse perspectives and interests in the legislative process.

Current Status:

Currently, only seven states in India have Legislative Councils:

1. Andhra Pradesh
2. Bihar
3. Karnataka
4. Maharashtra
5. Telangana
6. Uttar Pradesh
7. Jammu and Kashmir

Illustrations:

• Bihar: In 2017, the Bihar Legislative Council played a significant role in scrutinizing and amending a bill related to land acquisition. The Council introduced amendments that were later accepted by the Assembly, highlighting its potential to influence legislation.
• Karnataka: In 2022, the Karnataka Legislative Council's debate on a bill related to religious institutions led to significant amendments that aimed to protect the rights of minorities. This illustrates the Council's role in safeguarding the interests of various communities.
• Uttar Pradesh: In 2019, the Uttar Pradesh Legislative Council debated a bill on the establishment of a new university. While the bill was eventually passed by the Assembly, the Council's deliberations on its feasibility and impact raised crucial questions about the university's development.

Conclusion:

Legislative Councils in India serve as a valuable second chamber, providing a platform for more detailed debate and scrutiny of legislation. They also ensure representation for various special interests and communities. While their presence is optional and subject to parliamentary decision, the seven states currently having Legislative Councils highlight their continued relevance in the Indian political system.

Constitutional Provisions:

Legislative Councils, also known as Vidhan Parishads, are the upper houses of state legislatures in India. Article 168 of the Indian Constitution provides for the establishment of Legislative Councils in states. According to this article, a state can have a Legislative Council if it is so prescribed by the Constitution or if a resolution to this effect is passed by the Legislative Assembly of the state and approved by the Parliament.

Article 169 of the Constitution lays down the procedure for the creation of a Legislative Council. It states that one-third of the members of the Council shall be elected by the members of the Legislative Assembly, one-third by local authorities such as municipalities and district boards, and one-twelfth by the Governor from amongst persons who have distinguished themselves in literature, science, art, or social service.

Working of Legislative Councils:

The working of Legislative Councils is similar to that of the Rajya Sabha, the upper house of the Parliament. The main functions of a Legislative Council are:

1. Legislative functions: The Council has the power to introduce, consider, and vote on bills, although money bills can only be introduced in the Legislative Assembly.
2. Deliberative functions: The Council provides a forum for discussion and debate on important matters of public interest.
3. Advisory functions: The Council can offer advice to the Governor on matters related to the state's administration.

Current Status of Legislative Councils:

Currently, six states in India have Legislative Councils:

1. Andhra Pradesh
2. Bihar
3. Karnataka
4. Maharashtra
5. Telangana
6. Uttar Pradesh

Illustrations:

1. Andhra Pradesh: The Andhra Pradesh Legislative Council has 58 members, with 33 elected by the Legislative Assembly, 18 by local authorities, and 7 nominated by the Governor. The Council has played a significant role in shaping the state's laws, including the Andhra Pradesh Panchayat Raj Act, 1994.
2. Bihar: The Bihar Legislative Council has 75 members, with 50 elected by the Legislative Assembly, 20 by local authorities, and 5 nominated by the Governor. The Council has been instrumental in passing laws related to education, health, and agriculture.
3. Karnataka: The Karnataka Legislative Council has 75 members, with 50 elected by the Legislative Assembly, 20 by local authorities, and 5 nominated by the Governor. The Council has contributed significantly to the development of the state's infrastructure, including the Bengaluru Metro Rail Project.

Challenges and Reforms:

Despite their significance, Legislative Councils in India face several challenges, including:

1. Limited powers: The Councils have limited powers compared to the Legislative Assemblies, which can sometimes lead to a sense of frustration among members.
2. .Delay in formation: There have been instances where the formation of Legislative Councils has been delayed, leading to a vacuum in the state's legislative framework.
3. Lack of autonomy: The Councils often have limited autonomy, with the Governor playing a significant role in their functioning.

Reforms have been suggested to address these challenges, including:

1. Empowering the Councils: Granting more powers to the Councils to enable them to play a more effective role in the legislative process.
2. Streamlining the formation process: Establishing a clear timeline for the formation of Legislative Councils to ensure prompt functioning.
3. Strengthening autonomy: Enhancing the autonomy of the Councils to reduce the influence of the Governor and promote a more independent functioning.

In conclusion, Legislative Councils play a vital role in the legislative framework of Indian states, providing a platform for discussion, debate, and lawmaking. While they face challenges, reforms can help strengthen their functioning and enhance their autonomy.