Odisha govt’s move to set up a legislative council has triggered debate. Questions are being raised about the utility of the council that would make Odisha one of the few states to have a bicameral legislature. While there is concern over the financial burden the move would entail, the motives of the govt are being questioned. The Telegraph presents the voices of eminent personalities on the vexed issue

Costly & hasty step

Guest Column - Satakadi Hota

According to provisions of the Constitution, having a legislative council by a state is optional. Only seven states have legislative councils.

The Odisha government has constituted a committee consisting of five MLAs, three from the ruling BJD and one each from the Congress and the BJP to examine and report about the feasibility of having a legislative council in the state. According to the constitutional provision, the council strength shall not be more than one-third of that of the Assembly. Assuming that the proposed council, if formed, will have 49 members, it will require a separate building along with other required logistics.

The council will only have the powers to discuss bills other than the money bills. Having no power to discuss money bills and bereft of power to veto a bill passed by the Assembly, many important matters will remain out of its purview. Money bills are more important in nature and content and, therefore, the council’s deliberations on various matters will be limited and meaningless.

During the last session, the Assembly adopted a resolution doing away with the rule that the legislature should sit for at least 60 days in a calendar year. In fact, during the past few years, the Assembly has conducted business for less than 60 days in a year.

Lifting of the limitation on minimum sitting days will give freedom to the party in power for curtailing the number of sitting days and encourage the executive to finish up the legislative business according to its desire. There are important matters, which need longer deliberations, but these will be kept aside. According to the rules, the business of Odisha legislative Assembly is decided by the Speaker on the recommendation of the business advisory committee. Curtailment of sitting days means less expenses, but I will keep away many important matters of the legislature, be it legislative Assembly or legislative council.

As such, Odisha is not a developed state in spite of having plenty of natural resources, including a 480km coastline, a number of perennial rivers, plenty of coal, iron ore, bauxite and chrome deposits, which, if properly utilised, will accelerate industrialisation and agricultural development. As desired, economic and social development has not taken place in the state, acute poverty, unemployment and backwardness continue.

Besides, the scheduled tribe and scheduled caste people account for 62 per cent of the state’s population. Most of the poor, underprivileged and illiterate people belong to this category. Though they are well represented in the Assembly and in panchayati raj institutions, practically, they do not have much say in the decision-making process in the government or in the legislature. They are not among the vocal people in the Assembly.

Therefore, if the sittings of the Assembly are less than what should have been, honourable members will get less opportunity for legislative business intended for the uplift of the underprivileged and backward sections of the society. Often, they are overshadowed and their voices are drowned by the vocal elements, who are active to put pressure on the government to utilise allotted funds to the fullest in their areas.

Therefore, the curtailment of sitting days of the Assembly will further reduce the participation of the ST and SC representatives. If we go through the proceedings of the Assembly, it is very clear that the ST and SC representatives do not get much opportunity to raise their voice for the economic and social development of their constituents and their region.

Peoples’ representatives, whether they sit in the legislative Assembly or council, will have the same dignity in legislative matters. By creating the council, the government will be forced to spend a good amount, which otherwise could have been utilised in development or welfare activities. Therefore, there is no justification for having a legislative council in a poor state such as Odisha. It will be better if the government enhances or at least restores the limit for minimum sitting days, rather than taking a hasty and costly step of having a legislative council.

(The author is president of Odisha Sahitya Akademi)

Good move provided done in right spirit

Guest Column -  Aruna Mohanty

The initiative of the state government to have a legislative council is a right move towards a good governance.
Unlike the legislative Assembly, the legislative council is a permanent body. Each member serves a six-year term, with terms staggered so that the term of one-third of a council’s members expires every two years. This arrangement parallels that for the Rajya Sabha.

According to the Constitution, a state can have its own legislative Assembly. A state with more than 140 MLAs can also have an Upper House in the form of a legislative council.

It is generally observed that many bills are passed in the Assembly without any or adequate discussions. So, the council formation will involve larger sections of people’s representatives from various walks of life with vast experience — who can hold discussions before final adoption of the bills.

This can be an opportunity for people, who are not in mainstream political activities, but can contribute immensely in decision making.

As reported, the proposed legislative council in Odisha will consist of 49 members, which is one-third of the state’s 147-member Assembly. Besides politicians, this House would consist of members from different fraternities such as scientists, educationalists, lawyers, artists and journalists.

While the governor will nominate 16 members from various fields, 16 more will be elected by local bodies such
as municipalities, NACs and so on, four will be selected among lecturers of different colleges or universities and the rest would be elected by MLAs.

Here we cannot ignore the financial implications as it would involve additional expenditure to a substantial extent.
The people, who will be involved as member of the council, will be provided with same facilities and perks that have been extended to the members of the Assembly. That would be a major burden on the state exchequer.

Though a legislative council has almost no power in relation to finance, it can still attempt to control the executive by putting questions to ministers, raising debates, and discussing adjournment motions to highlight alleged lapses by the state government. However, the council cannot remove a government from office. With its membership of professionals, this body should be seen as a guiding influence on the Assembly, rather than its rival.

The existence of a legislative council at times can be politically controversial. There are instances in different states where members of political parties, after failing to secure an Assembly seat in the election, have been nominated and reinstated in the legislative councils.

This practice consequently negates the very purpose of the initiative to involve professionals from various walks of life. The original purpose to have it gets defeated by facilitating backdoor entry of unsuccessful politicians.

(The author is a renowned Odissi dancer)