Upper House: Is it time for a rethink?

By M. A. Siraj

Biennial elections for 25 seats in the Karnataka Legislative Council will be held on December 10. These members will replace 25 members of the previous house who will be demitting their office on January 5, 2022. Karnataka is one among the six states with bicameral legislature, with an upper house. Other states with bicameral legislatures are Andhra Pradesh, Bihar, Maharashtra, Telangana and Uttar Pradesh.

The strength of the upper house should not be more than one-third of the respective State’s Legislative Assembly. Nor should it be less than 40. The members are elected for a six-year term. The Parliament can pass a bill to create an upper house for any state, so long as the State Assembly passes a resolution to this effect. It can even be abolished by passing a resolution in the State Assembly. Article 169 of the Constitution empowers the Government to create or abolish the state upper houses. There have been instances of upper houses being created and abolished whimsically by reigning parties and chief ministers.

The Tamil Nadu Government, headed by M. G. Ramachandran, abolished the upper house in 1986 when he learnt that his bête noire Mr M. Karunanidhi was planning to file his nomination papers for the Council elections. Karunanidhi was not an MLA then. The Andhra Pradesh Vidhana Parishad was abolished in 1985 and reinstated again in March 2007. There are hints that Andhra Pradesh Chief Minister Jagmohan Reddy is planning to abolish the Council, where Telugu Desam Party holds 28 seats in a 58-member house, once again.

While the Assembly members elected by the popular vote have a five-year term, the Council members have a six-year term, although they are indirectly elected. This house enjoys permanence, as only a third of its members retire biennially. It can be abolished but cannot be dissolved. As it does not have the power to reject a Finance Bill, ruling political parties often press bills disguised as Finance Bills to circumvent the upper houses.

Given the huge expenditure on the upper houses, it is pertinent to ask if these houses serve any purpose. Predominant opinion is that such houses have no relevance, are unnecessary and are a burden on the public exchequer. They provide an alternative route for defeated candidates and over-aged politicians, and as such are considered a political asylum for the offspring, spouses and siblings of active politicians. Some even liken them to geriatric parks. Politicians try to accommodate their fans, favourites and flunkies in the upper house. Chief ministerial hopefuls, wary of getting bogged down in a constituency during the elections, consider it a convenient route to legitimize their status. There is also criticism that seats in the upper house are exchanged along with huge sums of money. This has led to these houses being dubbed as a kind of ‘House of Lords,’ as the upper house of the British Parliament is known. Several industrialists and businessmen have found their way into these houses and wielded political authority. The perks and privileges of office lure them into persuading the bosses of political parties to offer them the opportunity. Cars with red beacon lights, invitations to official ceremonies and access to important offices are some of the trappings of office that come in the bargain. Some even argue that the upper houses cause delay in passage of bills, especially when ruling parties do not have adequate representation. Yet others would opine that they are useful, as they enable the people with experience and specialization in the fields of art, literature, films, sports and various other fields to enter the house and lend their expertise for legislation. These people may never be able to win a popular mandate through the electoral route. Of late, their utility has come into sharper focus, as questions have begun to be raised as to their utility. There exist few instances of any constructive intervention by upper houses. It is one reason why only six of the 28 states in India have opted for them.