REVISITING THE UPPER HOUSE QUANDARY-- ESSAY FODDER-- the hindu

ESSAY FODDER—the hindu

TO BE OR NOT TO BE :  UPPER HOUSE

NEED FOR IT:

A second chamber has always been attractive to those who believe in widening the space for representative democracy.

Its advocates say wiser counsel from an upper House of elders is needed to temper the often fractious nature of the debate in the Lower House.

Also, the second chamber helps in accommodating more sections of society in the process of legislation and decision-making.

VIEWS OF THE DETRACTORS:

Detractors, however, contend that the Council is nothing but a body to accommodate various political interests within a party, a backdoor way into the legislature for those who lose direct elections. 

Recent experience suggests that even Chief Ministers choose the Legislative Council route when the option is available. 

A NATIONAL POLICY:

A parliamentary committee, examining the Rajasthan and Assam bills relating to creation of the Legislative Council, suggested that there should be a national policy on having a permanent second chamber so that a subsequent government cannot abolish it at its whim. 

This is a better way to address the issue instead of relying on ad hocism. 

WIDER REPRESENTATION:

While framing such a policy, it will also have to be decided whether the time and resources involved in having a second chamber is worth the while, and if so, whether the present scheme of giving representation to teachers and graduates requires modification to involve other sections.

BITTER EXPERIENCES:

 In Tamil Nadu, the All India Anna Dravida Munnetra Kazhagam abolished the Council in 1986, and strongly opposes moves by its rival Dravida Munnetra Kazhagam to revive it. Parliament has already passed legislation to revive the chamber in Tamil Nadu, but it is yet to be implemented. In Andhra Pradesh, the Telugu Desam Party government abolished the Council in 1985, but a Congress regime revived it in 2007.

RECENT DEVELOPMENTS:

Assam and Rajasthan want to join the small seven-member club of States (Andhra Pradesh, Telangana, Bihar, Jammu and Kashmir, Karnataka, Maharashtra and Uttar Pradesh) with a Legislative Council in the country and Odisha is also examining the creation of one.

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