The Legislative Council


From the point of view of history, the present bicameral system started with constitutional government in England in the 17th century and after that it started in the continent of Europe in the 18th century. On the one hand, keeping in mind the difference between the feudal class and the clergy and on the other side, two houses were placed in the Parliament of England. When the British colonies were established in America, the houses were kept in the legislative assemblies of the colonies,

Council Composition


as they represented two types of interests, by the councilor governor of his native country and by the members elected from there by the colonies of the native people. On attaining independence, the Constitution was enacted to give shape to the two-house system.

When constitutional governments were formed all over the world, most countries made their legislatures bicameral on the pattern of England or USA, in which the first major house was elected by the people and the second small house was elected by the restricted vote method. Or nominated members or successor elements or directly elected representatives of certain interests Or were the people chosen by the geographical divisions of the nation.

When the Indian mystics thought of making their own constitution for the country, they decided to adopt parliamentary democracy based on the two-house legislature. Fellows of constitutional history know that in 1889 the Indian National Congress formulated the Homerul Plan, which was intended to provide a broad base to the representative institutions in the country. According to this plan, at least half of the members in the Central and Provincial Legislatures would have been elected and they would have been elected by voting.

The first important step towards making its constitution by Indians was taken in 1896, while a comprehensive document was prepared. Nothing can be said with certainty about who prepared this draft, but it is believed that the inspiration of Lokmanya Tilak and Dr. Annibescent was behind the preparation of the document. It was envisaged that this two-chamber legislature would be called the Parliament of India, whose members would be the representatives of the nation of India. It also mentioned that all the main powers related to legislative, judicial and administration will be with the National Legislature. The executive powers of Parliament will be governed by the cabinet headed by the Prime Minister.

The First World War inspired Indian thinkers to think critically about the future constitutional structure of the country. A memorandum was prepared in 1916 by 19 eminent members of the Imperial Legislative Council, such as Sir Tej Bahadur Sapru, MA Jinnah, Dinsha E Covenant, Bhupendra Nathbasu, Pt Madan Mohan Malviya, Right Aanrebul BS Srinivas Shastri and Sir Ibrahim Rahmatullah. Was told what the outline of post-war reforms would be. It was sought in the memorandum that half 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 the elected representatives in all the legislatures should have a substantial majority and the role of Indians in the government of the country should be more important. It was only in 1919 that a sufficient number of enlightened persons in India demanded that the responsibility of drafting the Constitution for the country should be given to Indians. Mrs. Besant made it clear in the Joint Parliamentary Committee that no constitutional document prepared at Westminster would be valid for Indians.

As a result of the above determination, the leading Indians jointly prepared the "Commonwealth of India Bill, 1925" in which it was strongly declared that India should have equal responsibilities and privileges on equal footing as self-governing Dominions. A more comprehensive and authoritative plan was prepared by the expert committee in relation to which the all-party conference decided. The Chairman of that committee was Pt. Motilal Nehru and there were great persons like Sir Tej Bahadur Sapru, Subhash Chandra Bose and MA Anne etc. in it. The committee gave its report, popularly known as the Swarajya Constitution, in 1928. Thus, ever since the Indians unanimously began to demand that we be provided with self-government, their leaders were unanimous that the country should have a two-house legislature, especially at the center, because they saw that In many democratic countries, the Legislature has two Houses. And the opinion of the immediate political thought was in favor of the two-house legislatures.

But even then Mahatma Gandhi and Mr. Mohammad Ali Jinnah were not in favor of having a second house in the country, because they thought that for a poor country like India, it would be futile to have a second house and this would put a lot of financial burden on the country, but by the Round Table Conference The established Federal Structures Committee did not agree with this view. The committee in its third report had envisioned a two-chamber legislature and hoped that though the two houses would represent different sections, they would still complement each other and would not have any contrivance. . Most of the Indian representatives agreed with this view, but requested that only the lower house should have the right to introduce the Money Bills. Therefore, in the Government of India Act 1935, a provision was made to have a two-house legislature. 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 native princely states. The following house was also called the House of Assembly or Federal Assembly. In this, 250 members were representative of British India and more than 125 native 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 the fixed system. The tenure of the Federal Assembly was kept for 5 years, but it could be dissolved even before the term expired. Any Bill other than Finance Bills could be introduced in either House. No Bill could be considered passed unless it was accepted by both the Houses.

Due to India's long-standing relationship with Britain, the British system has had a great influence on the framers of India's constitution. There was a lot of discussion in the Constituent Assembly that there should be one house in the National Legislature or after two more discussions, ultimately it was supported to have two houses. As far as the functions and powers of these two houses are concerned, the framers of the constitution had made a definite explanation after studying the constitutions of Britain, Canada, Australia, South Africa, United States and Switzerland. The countries which also have the system of two-house legislature, the powers and responsibilities of the two houses have been different from country to country, but the framers of the Constitution of India have benefited from the experiences of all these countries.

Creation of state of Uttar Pradesh

The state of Uttar Pradesh which was initially known as 'North-Western Provinces and Awadh'. It took enough time to get the current geographical size. India was ruled by the East India Company. Apart from Awadh region, the remaining part of the present state had become a part of Bengal Presidency. Between 1773 and 1856, almost the entire area of ​​Awadh came under the suzerainty of the East India Company. Prior to the formation of the Charter Act in 1833, the post of Governor General was created in India and the area of ​​administration which was under it came to be known as the Government of India. In 1834, 'Upper Provinces' was named as 'North Western Provinces' and was made a state.

In January 1858, Governor General Lord Canning came to Allahabad and in the month of February, the Delhi Division was separated from North Western Provinces and given to the Lieutenant Governor of the state independently and the capital of the state became Allahabad. In the middle of 1856, Awadh was also included in this state and this state came to be known as 'North Western Provinces and Awadh' in 1902, then 'North Western Provinces of Agra and Awadh'.

After the enactment of the Government of India Act in 1919, elections were held for the first time in the Legislative Council in the state and the post of Lieutenant Governor was changed to Governor and Sir Harcourt Butler, Lieutenant Governor of the state became Governor. In 1920, at a meeting of the Government House, Lucknow, it was decided to build the Council House at Lucknow in place of Allahabad on the basis of majority of council members. As a result of this decision, after a permanent building for the Legislature meetings in Lucknow, the Legislative Council meetings started in Lucknow, which led to the Governor, Minister and Secretary of the Departments spending most of their time in Lucknow. Sir Butler also shifted his headquarters from Allahabad to Lucknow. By 1935, the capital was shifted from Allahabad to Lucknow. In April 1937, the state was renamed as United Provinces. On 26 January 1950, when the Constitution of independent India came into force, the state was renamed as Uttar Pradesh.