The West Bengal Assembly on July 6 passed a resolution supporting an ad hoc committee report that favoured the creation of a legislative council.
While Chief Minister Mamata Banerjee had talked about the creation of a legislative council or Vidhan Parishad and had promised the same in the TMC poll manifesto, the resolution was strongly opposed by the BJP.
The BJP legislature party argued that the purpose of the resolution was to pursue "backdoor politics" to help party leaders get elected as lawmakers despite having lost the Assembly polls. However, the Chief Minister argues that it would help offer roles to important party leaders who have been left out of the assembly.
What is a Vidhan Parishad?
India, being a bicameral legislature (with two chambers), allows states to have two Houses -- a Legislative Assembly (Vidhan Sabha) and a Legislative Council (Vidhan Parishad). However, the legislative council can only be formed or abolished through a special resolution, mentioned under Article 169 of the constitution.
At present, six states -- Maharashtra, Telangana, Uttar Pradesh, Andhra Pradesh, Karnataka and Bihar -- have a Legislative Council.
What will the Vidhan Parishad achieve in Bengal?
As chief minister Mamata Banerjee is not an elected member of the Legislative Assembly -- a prerequisite for holding the top position in a state -- political analysts argue that having an upper house will not only help the state government avoid a "constitutional crisis", but also allow members indirectly elected to the Vidhan Parishad serve in the Cabinet.
Banerjee has time until November 5 to become a legislator. If the EC does not conduct bypolls, which were delayed due to the pandemic, in the next four months, she will have to resign.
The Vidhan Parishad, Biswanath Chakraborty, a professor of political science, told The Wire, can be used to break BJP by offering leaders membership in the council. However, he noted that there is little hope of the resolution getting a green signal, as it depends on the BJP.
What's next?
Now, the resolution would need a nod from the Governor, and after that, a bill has to be passed in the parliament. Following which it has to be sent for President's assent so that a Legislative Council can be created.
The TMC government had earlier tabled the proposal in the state Assembly for setting up Vidhan Parishad after coming to power in 2011. The proposal was accepted, and a committee was also set up in this regard. The committee had given its report, and it was decided that a resolution would be taken for the creation of the legislative council. But, due to unknown reasons, the resolution was never taken up.
West Bengal Legislative Council was set up in 1952 and abolished in 1969 during the time of the United Front government.
(With PTI inputs)
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