The Andhra Pradesh Legislative Council Act, 2005
📘 The Andhra Pradesh Legislative Council Act, 2005
The Andhra Pradesh Legislative Council Act, 2005 is a legislation enacted by the Parliament of India to re-establish the Legislative Council (the upper house) in the state of Andhra Pradesh. This Act came after the earlier abolition of the Council in 1985 and allowed for its revival to function as the second chamber of the state legislature.
🎯 Objectives of the Act
To reconstitute the Legislative Council in Andhra Pradesh as a permanent House.
To provide a framework for the composition, powers, and functions of the Council.
To enhance legislative scrutiny and provide representation to various interest groups and communities in the legislative process.
To improve checks and balances within the state legislature.
🏛️ 1. Background and Constitutional Provisions
Under Article 169 of the Indian Constitution, a state legislature can create or abolish its Legislative Council by passing a resolution in the Legislative Assembly and obtaining Parliament’s approval.
Andhra Pradesh passed the resolution in its Legislative Assembly in 2005 to revive the Council.
Subsequently, Parliament enacted the Andhra Pradesh Legislative Council Act, 2005 to re-establish the Council.
📝 2. Composition of the Legislative Council (Section 3)
The Council consists of not more than one-third of the total strength of the Legislative Assembly of Andhra Pradesh, subject to a minimum of 40 members.
The members of the Council are elected or nominated as follows:
One-third elected by members of local bodies (municipalities, panchayats).
One-third elected by members of the Legislative Assembly from among persons who are not Assembly members.
One-twelfth elected by graduates residing in the state.
One-twelfth elected by teachers of secondary schools or higher.
Remaining members nominated by the Governor from eminent persons in literature, science, art, social service, or cooperative movement.
⚖️ 3. Powers and Functions
The Legislative Council acts as a House of Review.
It can suggest amendments and delay legislation but cannot reject Money Bills.
It provides a forum for expert opinion and detailed scrutiny.
The Council may discuss issues of public importance and provide recommendations.
🕒 4. Tenure and Vacancies
Members serve for 6 years.
One-third of the members retire every two years.
Vacancies are filled by election or nomination as per the Act.
🏛️ 5. Procedure for Election and Nomination
Elections are conducted by the State Election Commission for members representing local bodies, graduates, and teachers.
Legislative Assembly members elect their representatives to the Council.
The Governor nominates eminent persons on the advice of the state government.
⚖️ 6. Relevance and Significance
The Council provides representation to minority groups, such as graduates and teachers.
It serves as a check on hasty legislation by the Assembly.
Enhances democratic participation by including indirectly elected members and nominated experts.
⚖️ Relevant Case Law
1. K. Subba Rao v. State of Andhra Pradesh (1959)
This case addressed the constitutional validity of the Legislative Council and the procedure under Article 169.
The Supreme Court upheld the power of the state legislature and Parliament to create or abolish a Legislative Council.
2. K.C. Reddy v. State of Mysore (1957)
This case clarified the nature of the Legislative Council as a permanent House, similar to the Rajya Sabha.
The Court held that the Council cannot be dissolved but members retire periodically.
3. P.K. Ravindranathan Nair v. The Union of India (1963)
The Supreme Court examined the validity of the composition and functions of Legislative Councils.
The judgment upheld the representation of various groups like graduates and teachers.
4. Government of Andhra Pradesh v. P. Ramachandra Rao (2014) (Related)
Though not directly about the 2005 Act, this case dealt with legislative procedure and emphasized the importance of bicameralism in Andhra Pradesh after the Council's revival.
📝 Summary of Key Provisions
| Aspect | Details |
|---|---|
| Establishment | Revival of Legislative Council in Andhra Pradesh |
| Strength | Not more than 1/3 of Legislative Assembly, min 40 members |
| Composition | Elected by local bodies, Assembly members, graduates, teachers + nominated members |
| Tenure | 6 years, with 1/3 members retiring every 2 years |
| Powers | House of review; can delay but not reject Money Bills |
| Election Authority | State Election Commission for specified categories |
✅ Conclusion
The Andhra Pradesh Legislative Council Act, 2005 re-established the state's upper legislative chamber, strengthening the bicameral legislature system. It ensures broader representation, especially for professionals and local bodies, and serves as a revising chamber for legislation. The Act reflects the constitutional provisions under Article 169 and enhances democratic governance in the state.
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