WB: Mamata Banerjee plans to arrange a Legislative Council in state

On Monday, West Bengal Chief Minister introduced {that a} Legislative Council (Vidhan Parishad) might be arrange within the State. The choice was taken throughout a cabinet assembly, performed by way of video conferencing, by the CM and several other Departmental Secretaries.
As per stories, the Trinamool Congress (TMC) celebration has promised in its manifesto {that a} Legislative Council might be shaped as soon as it returns to energy. Interestingly, Mamata Banerjee had earlier hinted that those that weren’t given tickets by the celebration can be nominated via the Legislative council. She had even vowed to provide seats to those that have been a part of her marketing campaign in Nandigram and Singur, after the 2011 Vidhan Sabha elections.
Given that a number of celebration stalwarts similar to incumbent Finance Minister Amit Mitra, Purnendu Bose couldn’t be accommodated within the Vidhan Sabha, the choice to arrange a Vidhan Parishad was thus finalised. The transfer is now being seen as a technique devised by Mamata Banerjee, who misplaced to her rival candidate Suvendu Adhikari, to bypass the election course of. Only 6 states in India have a Legislative Council, specifically, Bihar, Andhra Pradesh, Telangana, Uttar Pradesh, Maharashtra, and Karnataka.
Challenges in establishing the State Legislative Council in West Bengal
It have to be talked about {that a} State Legislative Council existed in West Bengal from 1952 to 1969, earlier than it was dissolved by the United Front Government. For the formation of the Council, a Bill must be tabled within the State Assembly. Such a Bill would require the Governor’s assent after it’s handed by the Assembly. While talking concerning the matter, Justice Chittatosh Mookerjee stated that the Council was abolished by the Parliament via the West Bengal Legislative Council (Abolition) Act, 1969.
He knowledgeable {that a} Legislative Council might be shaped if Article 169 of the Indian Constitution is adopted together with the required constitutional modification. He added that the Bill for the creation of Vidhan Parishad must be tabled earlier than the Parliament and requires the President’s assent. Although Mamata Banerjee has directed the parliamentary affairs division to provoke the method, such a Bill is unlikely to undergo Parliament as a result of incumbent BJP authorities on the Centre.
According to advocate Subroto Mookerjee, the Vidhan Parishad should not have greater than 1/third of the whole seats within the Vidhan Sabha. As such, the Council can have a most of 98 seats. 1/third of the members might be elected by the MLAs, whereas one other 1/third might be elected by the civic our bodies, Zila Parishad, and different native our bodies. There can even be provisions to appoint members to the Council by the federal government. Just like Rajya Sabha, a Chairman and a Vice-Chairman might be dominated. Members have to be no less than 30 years of age and may have a tenure of 6 years.
Mamata Banerjee misplaced to Suvendu Adhikari in Nandigram
In a serious flip of political fortunes, Mamata Banerjee misplaced to Suvendu Adhikari by a slender margin within the latter’s bastion of Nandigram. Although she was sworn in because the Chief Minister of the State, Banerjee must win a seat within the by-polls inside subsequent 6 months. Failing to take action will result in her dismissal from the publish of the Chief Minister. In order to evade contesting polls after an embarassing defeat to Adhikari, she has now determined to kind the Legislative council and bypass the electoral course of.
Such a political stunt was earlier executed by the incumbent Maharashtra Chief Minister Uddhav Thackeray. Although a Legislative council was in place, previous to him being sworn in as CM, Thackeray retained his place by being elected unopposed to the State Legislative council. As such, he too didn’t need to face the individuals or contest elections. Mamata Banerjee has determined to observe in his footsteps, by going a step forward and establishing a Legislative Council.