Official posts,once established anywhere,are almost impossible to abolish. Which is why the 1986 decision of the then AIADMK-controlled Tamil Nadu legislative assembly to abolish the state legislative council was so unique. The motivation seems to have been personal apparently AIADMK leader M.G. Ramachandran was miffed that his candidate did not make it to the state Upper House,and total abolition was his way to get back. Now,14 years later,the DMK-controlled Tamil Nadu legislative assembly has passed a resolution reintroducing a legislative council. Is this necessarily a good thing?
Currently,six states in the country have an Upper House,the largest being the 100-strong Uttar Pradesh legislative council,the smallest the 36-member Jammu and Kashmir legislative council. The logic for an Upper House of Parliament the Rajya Sabha is sound,to provide a second tier of scrutiny for work done by the Lok Sabha. The fact that its composition largely reflects preferences of MLAs also provides a federal character to what might otherwise be centralised legislation by Parliament. Also,in a parliamentary system where the Lower House is periodically,and sometimes abruptly,dissolved,the Upper House gives legislative continuity and stability. But the federal argument does not hold for states,especially since MLAs participate in the election of MLCs. Besides,there is little evidence to suggest that the majority of states with no Upper House are any poorer in legislative functioning. There is the widespread perception that state legislative councils are parking lots for party faithful who are unelectable or have recently lost their mandate. The promise of a free bungalow in a state capital,car and other perks make for an ideal gift all at considerable cost to the state exchequer.
The case for the Tamil Nadu Upper House is mired in antagonism between the AIADMK and the DMK,which has been pressing for its reintroduction since its 1986 abolition. With help from the Congress and the PMK,the DMK has finally managed to pass an assembly resolution. But can we afford the resurrection of a body that would amount to little more than an instrument for patronage?