Starting from the point of view of history present bicameral system 17 has the constitutional government Igland th century and thereafter 18 has begun its operations in continental Europe in the century. Keeping in mind the difference between the feudal class and the clergy on the one hand and the common people on the other, two houses were kept in the Parliament of England. When the British colonies were established in America, the houses were kept in the Legislative Assemblies of the colonies , because they represented two types of interests , the Council of the Governor of his country of origin and the members elected from there by the natives of the colonies. Upon independence, he made a constitution for himself to give a concrete shape to the system of two houses.
When constitutional governments were formed all over the world, most of the countries made their legislatures bicameral on the model of England or the United States , in which the first upper house was made up of people elected by the people and the second smaller house was of people elected by restricted vote system. Or nominated members or successor elements or directly elected representatives for certain special interests or persons elected by the geographical divisions of the nation.
When Indian sages thought of making their own constitution for the country, from then on they decided to adopt parliamentary democracy based on the legislature having two houses. Scholars of constitutional history know that in 1889 , the Indian National Congress formulated the Home Rule Plan , with the aim of providing a broad base to representative institutions in the country. According to this scheme, at least half the members of the Central and Provincial Legislatures would be elected and they would be elected by voting.
The first important step towards the making of a constitution by Indians was taken in 1896 , while a comprehensive document was prepared. This draft who prepared certainly can not be said about it , but behind that is supposed to prepare the documents LTT and Dr. 0 was the inspiration of Anibesent. In this it was envisioned that this legislature consisting of two houses would be called the Parliament of India , whose members would be the representatives of the nation of India. It was also mentioned in this that all the main powers related to legislative , judicial and administration would be with the National Legislature. The executive powers of the Parliament will be exercised by the Cabinet headed by the Prime Minister.
The First World War inspired Indian thinkers to think seriously about the future constitutional structure of the country. 1916 Sir Tej Bahadur Sapru , M 0 A 0 Jinnah , Dinsha E 0 covenant , Bhupinder Nathbsu , Pt 0 Madan Mohan Malviya , right Anarebul B 0 S Srinivas Shastri and Sir Ibrahim Imperial Legislative Council as Rahmatullah 19 eminent members prepared a memo did ,In which it was told what would be the framework of post-war reforms. The memorandum demanded that half of the members of the Central and Provincial Executive Councils should be Indians. The famous Congress League plan of December 1916 was based on the principle that there should be a sufficient majority of elected representatives in all the legislatures and the role of Indians in the government of the country should be more important. In 1919 itself, a sufficient number of enlightened persons in India demanded that the responsibility of preparing the constitution for the country should be given to Indians only. Mrs Besant had made it clear in the Joint Parliamentary Committee that any constitutional document prepared at Westminster would not be valid for Indians.
As a result of the above decision, the prominent Indians together prepared the " Commonwealth of India Bill , 1925", in which it was firmly declared that India should also get equal responsibilities and privileges on an equal basis like the self-governing Dominions. An even more comprehensive and authoritative plan was prepared by the expert committee in respect of which the all-party conference had decided. The Committee Chairman Pt 0 were Motilal Nehru and that Sir Tej Bahadur Sapru , Subhash Chandra Bose and M 0 A 0 was a great person like Anne etc. The committee submitted its report which is popularly known as Swarajya Constitution , 1928.was given in Thus, ever since the Indians started demanding that self-government should be given to us, their leaders were unanimous that the country should have a two- house legislature, especially at the center , because they saw that Many democratic countries have two houses of legislature. And the opinion of the then political thought was in favor of the legislatures having two houses.
Even Mahatma Godhi and mi 0 were not in favor of keeping Mohammed Ali Jinnah second chamber in the country , because he thought that would be redundant to the second chamber for such poor countries and it will be a financial burden on the country , but the Round Table Conference The Federal Structure Committee set up by it did not agree with this view. The committee, in its third report, had envisioned a legislature with two houses and hoped that though both the houses would represent different sections , they would complement each other and there would be no animosity between them. . Most of the Indian delegates agreed with this view ,But it was requested that only the Lower House should have the right to introduce Money Bills. Therefore, in the Government of India Act 1935 , a provision was made to have a legislature with two houses. The upper house was called the Council of States and its 156 members were to be representatives of British India and not more than 104 of the princely states. The lower house was also called the House of Assembly or the Federal Assembly. In this, 250 members were representatives of British India and more than 125 princely states. The Council of States was to be a permanent body and could not be dissolved , but about one-third of its members were to retire every third year according to a fixed system. The term of the Federal Assembly was kept for 5 years., but it could be dissolved even before the expiry of the period. Any Bill other than Finance Bills could be introduced in either House. No one can not be passed to Bill then , unless otherwise agreed by both houses.
Due to India's long-standing relationship with Britain, the British system has had a great influence on the constitution makers of India. There was a lot of discussion in the Constituent Assembly on whether there should be one House or two in the National Legislature and after discussion, it was finally supported to have two houses. As far as the functions and powers of these two houses are concerned , the framers of the constitution after studying the constitutions of Britain , Canada , Australia , South Africa , United States of America and Switzerland had given a completely definite explanation. In countries where there is a system of legislature with two houses , the powers and responsibilities of both the houses have been somewhat different according to the country , But the framers of the Constitution of India took advantage of the experiences of all these countries.
creation of the state of Uttar Pradesh
The state of Uttar Pradesh which was initially known as ' North-Western Provinces and Oudh ' . It took a considerable amount of time to attain its present geographical shape. India was ruled by the East India Company. Apart from the Awadh region, the rest of the present state had become part of the Bengal Presidency. During the period from 1773 to 1856 , almost the entire region of Awadh had come under the control of the East India Company. Earlier in the year 1833 after becoming Charter Act in the creation of the post of Governor-General of India and the administration of the area that was under him , the Government has been called of India. In 1834 the " Upper Pravinsej ' to 'It was made a state, giving the name ' North Western Provinces ' .
In January 1858 , the Governor General Lord Canning came to Allahabad and in the month of February the state was independent by separating the Delhi Division from the ' North Western Provinces ' .
lieutenant It was given to the governor and the capital of the state became Allahabad. In the middle of 1856, Oudh was also included in this state and this state came to be known as ' North Western Provinces and Oudh ', after that in 1902, ' North Western Provinces of Agra and Oudh ' .
In 1919, after the implementation of the Government of India Act, elections were held for the first time for the Legislative Council in the state and the post of lieutenant governor was converted into governor and the lieutenant governor of the state was Sir Harcourt Butler. In 1920, in a meeting of Government House , Lucknow , it was decided to build the Council House in Lucknow instead of Allahabad on the basis of majority of the council members. As a result of this decision, after the construction of a permanent building for the meetings of the Legislature in Lucknow, the meetings of the Legislative Council were held in Lucknow , so that the Governor , Most of the time of the minister and the secretary of the departments began to be spent in Lucknow. Sir Butler also shifted his headquarters from Allahabad to Lucknow. By 1935 the capital was shifted from Allahabad to Lucknow. The name of the state was changed to ' United Provinces ' in April 1937 . January 26 , 1950, independent India's state name on the Constitution has been UP.
constitution of legislative council
In Uttar Pradesh, the House of the Legislature was started by the ' Indian Council Act ', 1861. In this Act Bombay , Madras , Calcutta , North Western Provinces and Oudh ; There was a provision for the establishment of Legislative Councils in present-day Uttar Pradesh and Punjab , so that in the Legislative Councils situated at that time , which were only in the form of Executive Councils , some nominated non- government persons could be established as members of the Legislature. . Sir William Muir, the Lieutenant Governor of North Western Provinces and Oudh in 1868
Write a letter to the Governor General of India and the Secretary of State requesting for the formation of a Legislative Council in the North Western Provinces and Oudh , but no action was taken on it. Thereafter, in 1885, Sir Alfred Lyle, the Governor of North Western Provinces and Oudh, informed the Government of India about the establishment of such Legislative Councils in Bengal , Madras and Bombay in the past, and about 25 years after the Act of 1861. Even after the establishment of the Legislative Council was not done here , there was a request to establish the Legislative Council here. On this request of Sir Alfred Lyle, the Government of India wrote a letter to the Secretary of State requesting that the population of North West Province and Oudh is more than that of Madras or Mumbai Presidencies , Therefore, it is necessary to establish a Legislative Council here. The result of their request , on November 26 , a release of 1886 , which North Western Provinces and Oudh in connection being established Legislative Council , as a result of Jan 05 , the format of the first Legislative Council of the 1887 province, an official release as appeared.
January 8 , 1887 was an auspicious day for the United Provinces , when the United Provinces stepped on the threshold of a new era. Which started with the first meeting of the Legislative Council at Thornhill Memorial Hall, Allahabad. At the time of this first meeting, the number of members of the Legislative Council was 9 , whose term was 2 years, on November 3 , 1892, the ' Indian Council Act ', made by the British Parliament for the reform of the Legislative Councils in India , established after 1892 became effective. For the first time in the councils, some institutions made a provision regarding the nomination of the members recommended after the election. In this there was a provision of 15 members for the Legislative Council of North-West Province and Oudh ,Out of which 7 were nominated by the Governor and 8 were such members who, after being elected by various institutions, were recommended to the Lieutenant Governor for being nominated as a member of the Legislative Council. After 1902, the number of members of the Legislative Council increased to 46 under the provisions of the Indian Council Act 1909 in this state, which was called the United Provinces of Agra and Oudh. In which 20 were official and 26 were non-official members. Out of these 26 non-official members, 20 were elected and 6 were nominated members. The 20 elected members were elected by the Allahabad University , major municipalities , various district councils , zamindars , the Muslim community and the Upper India Chamber of Commerce.
An important era in the development of the Legislative Council of the United Provinces came through the Government of India Act , 1919 , which was a modified form of the Government of India Act , 1915. Under this, the number of members of the Legislative Council increased to 123. In which 100 were elected and 23 members were nominated by the Governor. The elected members are 60 by non-Muslims , 29 by Muslims , 1 by Europeans , 6 by Zamindars , 3 were elected by business organizations and 1 by Allahabad University. In this way, about 50 percent of the members were elected by different types of electoral boards. In the first council, there were only 121 members due to the nomination of only 15 members in place of the official 17 by the Governor. For the first time in the United Provinces, a bicameral legislature was constituted under the Government of India Act , 1935. Thus the Legislative Council became the second house of the Legislature. Section 61 of the above Act ; (3) It was provided that every Legislative Council would be a permanent unit which would not be dissolved , but every third year one-third of its members would retire from membership under the provisions of the Fifth Schedule. The strength of this house was fixed at 60. In which 34 members were elected by general electors , 17 by Muslim electors and 1 by European electors and 8 members were nominated by the governor.
In the past, the Legislative Council was constituted keeping in view the protection of communal and other types of interests, for the purposes of keeping their representatives in the Legislature , but in 1950, under the Constitution, the Legislative Council was constituted on the basis of merit , business and political representation. But it was done. Then the number of members of the Legislative Council was increased from 60 to 72 , because according to the Constitution, the number of members of the Legislative Council was that of the Legislative Assembly.
Members could not exceed one-fourth of the strength. Although this number was much less than a quarter of the 431 members of the Legislative Assembly.
By the 7th Amendment Act , 1956 of the Constitution, it was provided that the strength of the Legislative Council could be one-third instead of one-fourth of that of the Legislative Assembly. According to this amendment, the strength of the Legislative Council was increased from 72 to 108 in 1958. Since then, the number of members of the Legislative Council remained 108 , but due to the existence of the state of Uttaranchal from November 8 , 2000 and the departure of 8 members of the Legislative Council in the Uttaranchal Legislative Assembly, the number of members here has come down from 108 to 100 , In which at present, 38 teachers from local authority area and 8-8 from graduate constituencies and 10 members are nominated by the governor from the Legislative Assembly constituency.
Utility and Contribution of Second House in Legislature
The existence of a second house in the parliamentary system has been going on for centuries. It has always stood the test of time. The aim of the Second Chamber should be to guide the views of the majority in the right direction. In relation to the need of a second house in the legislatures, the opinion of a thinker Sir Henry Main is as follows - It has proved useful as a second house in all the states. The second house is that branch of distinguished persons who are always exemplary for others.
There are various aspects of economic , social and political life , which need to be considered in the House with seriousness , foresight , clear and impartiality. The members of the Legislative Assembly are sometimes not able to fulfill this requirement. Being a representative elected by the people, there are many limitations before them. Sometimes party politics also becomes a hindrance in their free and fair thoughts , at such times only the second house i.e. Legislative Council fulfills this deficiency. India has a federal form and the Second Chamber is an essential part of it. One of the main responsibility of the Legislative Council is to protect the interests of the state.
In comparison to the decisions taken by a temporary majority in the lower house directly elected by the people in a noisy environment, the constitution of the second house is in such a way that being a permanent house, it is able to take prudent and balanced decisions in a relatively quiet environment and Thus the Constitution plays a very useful role in the functioning of the government.
By the Legislative Assembly sometimes due to get the bill passed in haste and vague language of sections of bills may be challenged in the courts , but the second is that the House provides an opportunity for the government to reconsider the bill , in Bill There is always room for improvement.
The Second Chamber is a powerful body that works to maintain checks and balances in the legislative system, which is considered essential for the functioning of a constitutional government. The Second Chamber can also be called the watchdog of the Constitution.
They have proved useful in the states which have Legislative Councils. The special reason for this is that this house gets representation from experts and scholars of all the subjects of the state. The constitution of the Legislative Council, its powers and achievements were undergoing fundamental changes from time to time through the legislations made by the foreign rulers and during this period the freedom struggle continued in various forms in the country and the state as well. The existence of the Uttar Pradesh Legislative Council for 120 years has been full of national independence and self-respect.
Many members of the Uttar Pradesh Legislative Council have made a special contribution in the freedom movement of India , which gave a new direction and momentum to the national awakening and movement. United Provinces Legislative Council ; Pandit Ajudhya Nath and Sir Syed Ahmed, two eminent members of the present Uttar Pradesh Legislative Council, particularly influenced the national movement of India.
As soon as Pandit Madan Mohan Malviya entered the Legislative Council, along with the battle of freedom struggle, the voice of apartheid also became vocal there. It would not be an exaggeration to say here that the heat of the national movement had entered the courtyard of the Legislative Council along with Pandit Malviya ji. Malaviya ji has made a special contribution in starting the efforts made by the United Provinces Council to save journalists from the oppression of the government by raising a question in the Legislative Council with great courage and zeal regarding the protection of journalists and journalism.
Shri Ganga Prasad Verma was the first person to raise political questions in the Legislative Council. He raised his voice against many issues like getting Maulana Hasrat Mohani to run a mill in jail, torturing the editor of ' Swarajya ' newspaper in jail etc. He was the first man , was who demand a recent construction in Lucknow for the Legislative Council. In 1916, the biggest achievement of the Legislative Council was the passing of the ' Uttar Pradesh Municipalities Bill ' , the heart of that law was the amendment of Jahangirabad , on which on one side the barristers Syed Abdur Rauf and Raza Ali and on the other side Pt. Motilal Nehru , An agreement was reached between Dr. Tej Bahadur Sapru and Jagat Narayan. This agreement created a strong movement among the Hindus in the province. Due to which Pt. Motilal Nehru had to face a lot of opposition.
From 1950 till now, the Legislative Council has passed many bills after serious debate and deliberation , in which there are bills related to land reforms , amendments and development , which later became the law of the state. On 7 February 1950, " Uttar Pradesh language" Bill ' legislation was passed by the Council , which will be in Hindi language in any bill Devanagari script presented in the House that was arranged. After that, the use of Hindi language in official work started only through this passed bill.
Similarly, in 1950 itself, the " Uttar Pradesh Zamindari Abolition and Land Reform Bill " was passed by the Legislative Assembly and it was sent to the Legislative Council for its consideration and approval. It was a revolutionary bill in which the zamindars and talukdars, the symbols of the feudal system, were separated from the land ownership and the tenants were declared as landlords. From September 11 to September 16, there was an intense discussion on this bill in the Legislative Council. After that, for about 27 days between October and November, each section of this bill was considered and about 500 amendments were made in it. The bill on November 30 in the Legislative Council , was passed in 1950. Almost all the amendments proposed in it by the Legislative Council accepted by. This was a historic bill in the field of land reforms passed by the Legislative Council. This law brought comprehensive welfare to the peasants who were freed from the servitude of the zamindar.
Similarly, there are many bills related to different subjects which were either submitted to the Select Committee for due amendment or they were passed in the House itself after thorough deliberation.
The Uttar Pradesh Legislative Council also got the credit for the speedy legislative business , when the House elected Allahabad University ; Amendment) Bill , 1954 was referred to a specific committee, the next day the council passed the amended bill and the Legislative Assembly, agreeing to these amendments, passed this bill and gave it the form of law. There is also another instance when Uttar Pradesh High School and Intermediate College ; The Payment of Salaries to Teachers and Other Employees) Bill , 1971 was also referred to the Select Committee of the House on 12 August 1971. Committee considered the bill also met despite Janmashtami holiday will August 17 , In 1971, it was introduced in the House and this Bill, a comprehensively amended bill, was passed by the Legislative Council on the above date itself.
There have been many occasions when the House met even after midnight, disposing of important legislative business and giving them a legal form, which became the basis of wider public welfare. Some Legislative Council NGO Bill have also been introduced , which is also due to discuss. One such bill was " Uttar Pradesh Panchayat Raj " by Shri Pratap Chandra Azad in the year 1962 ; Amendment ) Bill , 1961 , was brought which became an Act after consideration of both the Houses.
The Uttar Pradesh Legislative Council has not limited its contribution to the House only, but through the Mini Sadan i.e. Parliamentary Committees, the Uttar Pradesh Legislative Council has proved its significance. Although the Council and its committees do not have any administrative powers , but from time to time, the Legislative Council, showing its visionary understanding, has been constituted from time to time to remove the shortcomings in the matters related to public welfare and Provided proper guidance to the government. Public schools in Uttar Pradesh up to Intermediate , which were not ensuring that the government's conditions were being followed while taking the no-objection certificate from the Uttar Pradesh government ,For that the Legislative Council constituted an inquiry committee which presented its recommendation to the government. The review meetings of this committee had such an impact on the public school operators that they also filed a petition against this committee in the Hon'ble Supreme Court, in which the Hon'ble Supreme Court also issued a notice to the Legislative Council Secretariat, the petition is still pending in the Hon'ble Supreme Court. Apart from this, at present, the power system of the Legislative Council and the investigation committee of all the development authorities , housing development councils , municipal corporations and district panchayats of the state are doing their work by being dedicated to the welfare of the people and giving way to the government. Apart from giving philosophy and playing an important role in resolving public problems, there are some other committees in the Legislative Council like Assurance Committee. There are financial and administrative delay committee , privilege committee , petition committee etc. Through these committees also, the Legislative Council is proving its importance by working for the welfare of the people. Along with these, some committees constituted to advise the ministers also have members of the Legislative Council. The chairman of which is the concerned minister.
In addition to the committees of the Legislative Council , there are also joint committees of the Legislature , in which both the houses are represented. Who has earned the complete trust and goodwill of the public.
In the field of democratic system , parliamentary system and procedures, the second house of the legislature, that is, the Legislative Council, on the strength of its dignified history and tradition, has an important place as a useful and important legislative body. Along with the expression of nationalism and self pride , the Legislative Council has played an important role in the establishment , promotion and sophistication of the country's parliamentary traditions and democratic values and beliefs . As the second house of the legislature, the Legislative Council has a dignified place and its role is effective. It is the utility of the Legislative Councils that in the past the Legislative Council was abolished in Andhra Pradesh, but in view of its usefulness and importance, it has been revived in Andhra Pradesh.
Often the existence of the second house i.e. the Legislative Council has been denied in front of the first house i.e. the Legislative Assembly. An attempt is made to prove it useless considering it as an unnecessary burden on the economy. It is said that the Second Chamber, being traditional in its nature, obstructs the progressive legislative work , but when political instability arises in the country and the governance system starts to falter, then this second house is specified under Article 83 for its permanent and sometimes It proves its significance by not being broken. Along with vision, serious thinking is also absolutely necessary on many aspects of political life . Whenever any defect or error appears in the Bills and Resolutions introduced by the First House , Then in such a situation, the Second House, by keeping its eyes on it, after discussing its defects and errors, proves its meaningfulness and prudent thinking by removing them. Countries that have accepted the concept of a Second Chamber, believe that the Second Chamber plays the role of an observer by deliberating deeply on various bills. As far as the role of the Uttar Pradesh Legislative Council is concerned , there are a number of subjects on which the motion was either reported to the House or these motions were introduced or passed, which show that the House has adopted progressive ideas in the state. Promoted and nurtured the interests of the public. " Compulsory free education up to junior high school level , 1961 ", " Compulsory maintenance of houses of the poor by the Municipal Board "'' Formed a board to promote cottage industry in the state , ' similar work in state government , implementing the principle of equal pay to ' mandatory military education Intrmeediaet classes , '' for children of employed women in mills Establishment of Palladyar , " Nationalization of Secondary Education ", " Control of the use of Dharmada by merchants " are some of the proposals which were presented in the House and were discussed extensively.
The second house is an important component of the state legislature. This House makes a remarkable contribution by presenting its valuable suggestions through amendments in the process of making legislation and also plays an important role in guiding the executive in the development works of the state. As a legislative body, working according to the sentiments and aspirations of the people, the Uttar Pradesh Legislative Council has a strong history in highlighting the problems of the people, expressing their aspirations and expectations and reaching them to the government. As a democratic tool, he has always been working for the upliftment of the society and establishment of power in Uttar Pradesh. While this house has been a training center for national leaders on the one hand , on the other hand it has also played an important role in nation building. this house of the state
It is the facilitator of activities related to political , social and economic change , which gives proper direction to policies , plans and programs related to governance . The way it discharges its legislative role, it is clear that it is a boon for any democratic system. In the present political situation, it is absolutely necessary that the Upper House in the states is not only necessary but indispensable and every effort should be made to strengthen them.