The constitution gives Councils limited legislative powers. Unlike Rajya Sabha which has substantial powers to shape non-financial legislation, Legislative Councils lack the constitutional mandate to do so. Legislative Assemblies have the power to override suggestions/amendments made to a legislation by the Council.The Rajya Sabha has equal powers with the Lok Sabha in all spheres except finance matters and with regard to the control overthe Government. On the other hand, thecouncil is subordinate to the assembly in allrespects. Thus, the predominance of theassembly over the council is fully established.
The final power of passing an ordinary billlies with the assembly. At the most, thecouncil can detain or delay the bill for theperiod of four months—three months inthe first instance and one month in thesecond instance. In other words, thecouncil is not a revising body like theRajya Sabha; it is only a dilatory chamberor an advisory body.
When an ordinary bill, which hasoriginated in the council and was sent tothe assembly, is rejected by the assembly,the bill ends and becomes dead. This isnot the same for Rajya Sabha.The council has no effective say in theratification of a constitutionalamendment bill. In this respect also, thewill of the assembly prevails over that ofthe council. In similar case, Rajya Sabhahas equal powers to Lok Sabha.the very existence of the councildepends on the will of the assembly. Thecouncil can be abolished by theParliament on the recommendation of theassembly. However, Rajya Sabha does notdepend upon the will of Lok Sabha for itsexistence.Also, while Rajya Sabha MPs can vote in the election of the President and Vice-President, members of Legislative Councils can’t. MLCs also can’t vote in the elections of Rajya Sabha members.
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