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| Ambiguous system of assuming power - 'Upper House' | | | Mahadeep Singh Jamwal | 2/25/2018 11:36:47 PM |
| | When we speak of Bicameral Legislature System, it means existence of two legislative houses as lower house (an elected body) and legislative council (a nominated body). The word bicameral originates from the Latin 'bi' - meaning 'two' combined with camera, meaning 'chamber'. Chamber is just another way of referring to a legislative branch of a government or other official organization. When we speak of the India, it is bicameral with two houses: the Rajya Sabha (Council of States) and the Lok Sabha (House of the People) and Indian states have both unicameral as well as bicameral legislative system. These both houses normally separate decision-making groups when sit together is referred as a joint session or joint convention. Historical pages mention that bicameral institutions first arose in Medieval Europe, where it was associated with separate representation, one house would represent the aristocracy, and the other would represent the commoners. The founding fathers of the United States also favored a bicameral legislature. The Senate was created to be a stabilizing force, elected not by mass electors, but selected by the State legislators. Senators would be more knowledgeable and more deliberate-a sort of republican nobility. In the year 1913 by an amendment, it was mandated that Senators would be elected by popular vote rather than chosen by the State legislatures. About bicameral system There are two streams of thought: Critics believe bicameralism makes meaningful political reforms more difficult to achieve, while proponents argue the merits of the 'checks and balances' provided by the bicameral model, which they believe help prevent the passage into law of ill-considered legislation. In 1957, according to the Legislative Councils Act by the Parliament of India a bicameral legislature system was founded. The Indian constitution does not force a bicameral legislature on States. It gives States the option of having a second House. 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. As of today, seven States 0f the Indian Union have Legislative Councils. These are Jammu and Kashmir, Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh and Telangana. If we look into the history of Legislature of J&K, we find that it was established by then ruler of J&K Maharaja Hari Singh in 1934. The Jammu and Kashmir State Legislature consists of the Governor, Legislative Assembly the lower house and Legislative Council as the upper house. Members of the Legislative Councils serve a fixed six-year term. One-third of the members retire every two years, but members are eligible for re-election. Unlike the lower house, the composition of the council is not determined by direct popular vote. As per law, the council's membership cannot exceed 40 seats; as per section 50 of the State Constitution currently the Jammu and Kashmir Legislative Council is composed of 36 seats,. Legislative Council consists of thirty-six members to be chosen as; eleven members by Legislative Assembly from amongst persons who are residents of the Province of Kashmir with a rider to have one each from Leh and Kargil, eleven members shall be elected by the members of the Legislative Assembly from amongst persons who are residents of the province of Jammu with a rider to have one each from Doda district and at least one shall be a resident of Poonch district, one member each shall be from the members of municipal council, town area committees and notified area committees in the Province of Kashmir and Jammu respectively, two members each shall be elected by the members of the Panchayats and such other local bodies in the province of Kashmir and Jammu respectively and eight members shall be nominated by the Governor, not more than three of whom shall be persons belonging to any of the socially or economically backward classes in the State, and the others shall be persons having special knowledge or practical experience in respect of matters such as literature, science, art, co-operative movement and social service. Like Legislative Assembly, the Legislative Council serves two sessions - budget and monsoon, however, it can be convened at any time by the State Governor. It lacks many of the powers and responsibilities that are bestowed to the Legislative Assembly. The lower house is the source of most legislation. However, the Legislative Council (Vidhan Parishad) does enjoy some amount of power, such as; it is not subject to dissolution, it is a permanent House. It can send bills back for reconsiderations, with or without recommendations, it can delay bills for a maximum of six months (two considerations), by which time the Legislative Assembly (Vidhan Sabha) may withdraw the bill. Basically the Second House was advanced to give educated intellectuals a chance to participate in legislative practices. When there has been a rise in literacy rates, size and population of States are reduced, local bodies such as municipalities and 'Gram Panchayats' have been constitutionally empowered with the 73rd and 74th amendments to the Constitution, the necessity for a second House has become far less. These days we find that elections to the second house are won, based on a person's loyalty to the party leader and on the weight of his money wallet, neither their qualification, nor their humble commitment to the state is considered at the time of election. Thereby basic purpose of 'Second House' to have representation from region, class, race and culture stand totally defeated. A whimsical decision is not required on the issue. The option before the government is whether to run for unnecessary expenditure at the cost of tax-payers' money or learn from other States running efficiently without 'Second House'. The requirement of Second House of legislature can be considered important to act as a check on hasty actions by the popularly elected House and, to ensure that individuals who might not be cut out for the rough-and-tumble of direct elections too are able to contribute to the legislative process, but this noble cause has lost its sanctity. In other words we can say that the requirement of Legislative Councils is to provide a space for the leaders who have not been able to win an election (like Arun Jaitley, Smriti Irani and many more). This is an indirect system of assuming power in the legislature by the party in power. The upper house is not answerable to the public but are followers of the dictates of the ruling party as they had come to the house because of blessings of them. Of financial implication due to this fraternity paid as fat salary, mouth-watering perks, free vehicles, security, medical allowance, housing allowance, travel allowance, housing loans, free accommodation, air, road travel, almost free electricity and drinking water and what not contributing to huge burden in crores to the State exchequer can be saved and utilized to uplift the mass communality, living below poverty lines and can be utilized to pay the wages to thousands of employees in number of departments, who on every third day is on road clamoring for their unpaid wages for the last quite considerable period. The Constituency Development Fund of Rs 3 crore enjoyed by each MLC amounting to Rs 108 Crore annually in aggregate can be utilized in a planned manner instead of pick and chose pleasing situation by this fraternity. Concluding the question that arises is, do we need an Upper House? The rationale behind a bicameral system was to safeguard against the possible misuse of the Lower House by parties with an absolute majority. We are observing that intellectuals and academics being replaced by politicians with dubious motives, when majority of the States of the Indian union, can run without 'Second House', why we cannot do it in J&K. Let us think of holding a referendum as to the continuity of 'Second House' in the Legislature with the common consent of both houses and it is the matter requiring public debate in real senses. |
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