GS Paper II — Q14
Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of…
Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (Answer in 250 words) 15 marks
हिंदी में प्रश्न पढ़ें
उन संवैधानिक प्रावधानों को समझाइए जिनके अंतर्गत विधान-परिषदें स्थापित होती हैं। उपयुक्त उदाहरणों के साथ विधान-परिषदों के कार्य और वर्तमान स्थिति का मूल्यांकन कीजिए। (उत्तर 250 शब्दों में दीजिए)
Model answer
Drafted with AI by UPSC Answer Check against this question's marking rubric, to the 250-word length. UPSC does not publish answers for Mains — this is one way to score well, not an official key. How we build rubrics and answers.
(a) Constitutional provisions: Article 168 provides for Legislative Councils in States that have them. Under Article 169, Parliament may by law create or abolish a Council on a resolution of the State Assembly passed by a majority of its total membership and two-thirds of members present and voting. Article 171 fixes composition: not more than one-third of the Assembly's strength and not fewer than 40 members. About one-third are elected by local bodies, one-third by MLAs, one-twelfth each by graduates and teachers, and one-sixth nominated by the Governor. The term is six years, with one-third retiring every two years.
(b) Working: Councils can delay ordinary bills by up to four months (three months, then one month) and money bills by 14 days. They act as a check on hasty legislation, allow scrutiny of complex issues and give voice to educational and professional interests. Critics call them elite clubs, with limited public accountability and occasional obstruction.
(c) Current status: Six States have Councils: Uttar Pradesh, Bihar, Maharashtra, Karnataka, Telangana and Andhra Pradesh. Andhra Pradesh abolished its Council in 1985, revived it in 2007 and withdrew its 2020 abolition resolution in 2021. Punjab (1970) and Tamil Nadu (1986) abolished theirs, and Jammu and Kashmir's Council ended with the 2019 reorganisation. Resolutions for creation are pending for Rajasthan and Assam, and Odisha (2018) and West Bengal (2021) Assemblies have passed similar ones.
How this answer will be evaluated
Framework: GS2 Paper 2: Constitutional Provisions & Institutional Analysis
What earns full marks: Precise Articles, clear composition logic, and a critical review of current status with examples.
Evaluation rubric
Each sub-part is marked on its own, against the marks and word limit printed on the paper.
- The answer Constitutional basis of LCs, their functional role, and current status with examples. 15 marks · 250 words
explain— definition/context → points in order → small example → short close
Must cover
- Cite Articles 168, 169 and 171 for establishment and composition
- Explain composition under Article 171 (1/3 local bodies, 1/3 MLAs, 1/12 graduates, 1/12 teachers, 1/6 nominated)
- Review working: role in legislation and review of bills
- Current status: list of states with LCs (e.g., UP, Bihar)
Loses marks
- Reciting Articles without explaining the mechanism
- Confusing LC with Rajya Sabha composition
- Failing to provide a specific state example
Earns more
- Mention the 7th Amendment (1956) raising the size cap to one-third of the Assembly
- Discuss the 'Upper House' function in federalism
- Reference the 2nd ARC recommendation on LCs
- Mention the six-year term with one-third retiring every two years
Extra mark
- Cite a specific Supreme Court judgment on LC powers
- Mention the 1986/1987 abolition in specific states
What "Review" is asking you to do
Track something across its life and report where it has reached — what it was meant to do, what has happened since, what is still outstanding. Review attaches to institutions and commitments, so the answer is a present-state verdict supported by the record.
Structure that answers it
Scope and period → the original intent → what has happened since → what remains undone → present-state verdict
Where marks are lost
Writing a history when the question wants a present-state verdict, or stopping at what was promised without saying what has actually been delivered.
Practice this exact question
Write your answer and it is marked point by point against the model answer above — what you covered, what you missed, what you got wrong.
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