Legislative council explained

A legislative council is the legislature, or one of the legislative chambers, of a nation, colony, or subnational division such as a province or state. It was commonly used to label unicameral or upper house legislative bodies in the British (former) colonies. However, it has also been used as designation in other (non-Commonwealth) nations. A member of a legislative council is commonly referred to as an MLC.

In the United States, a legislative council has a different connotation, and means a council within a legislature which supervises nonpartisan support staff.

History

In the British Empire, the authority under which legislative councils have been constituted has varied: some under the royal prerogative, others by acts of parliament, and some by commission and royal instructions.[1] Particularly, unicameral or the upper house in a bicameral legislature (where traditionally many members were appointed by Governors, rather than elected) were given the designation "legislative council".

List of legislative councils

Country!scope="col"
BodyTypeEstablishedNotes
Brunei DarussalamLegislative CouncilUnicameral1959Suspended in 1984, reconvened in 2004
Hong KongLegislative CouncilUnicameral1843Established under the British Hong Kong era; Provisional Legislative Council 1997–98
Legislative CouncilUpper House
Legislative CouncilUnicameral1996
Legislative CouncilUnicameral

In India, the Vidhan Parishad is another name for the Legislative Council in those states with bicameral legislatures.

Country!scope="col"
RegionBodyTypeEstablishedNotes
AustraliaNew South WalesLegislative CouncilUpper House1824Unicameral until 1856
AustraliaSouth AustraliaLegislative CouncilUpper House1840Unicameral until 1857
AustraliaTasmaniaLegislative CouncilUpper House1825Unicameral until 1856
AustraliaVictoriaLegislative CouncilUpper House1851Unicameral until 1856
AustraliaWestern AustraliaLegislative CouncilUpper House1832Unicameral until 1890
IndiaAndhra PradeshLegislative CouncilUpper House1958Abolished between 1985 and 2007
IndiaBiharLegislative CouncilUpper House1912Unicameral until 1920
IndiaKarnatakaLegislative CouncilUpper House1956
IndiaMaharashtraLegislative CouncilUpper House1960
IndiaTelanganaLegislative CouncilUpper House2014
IndiaUttar PradeshLegislative CouncilUpper House1935
ZuliaLegislative CouncilUnicameral1864
Country!scope="col"
BodyTypeEstablishedDisestablishedNotes
Legislative CouncilUnicameral1947[2]
Antigua and BarbudaLegislative CouncilUnicameralEstablished under instructions to the governor
BahamasLegislative CouncilUnicameral1841[3] Letters patent
BarbadosLegislative CouncilUnicameral1963[4] Established under instructions to the governor
BasutolandLegislative CouncilUnicameral1960[5] Established under instructions to the governor
Legislative CouncilUnicameral19611965
BermudaLegislative CouncilBicameral1612 1980Originally a single thirteen-member Council combined Executive (cabinet) and Legislative functions. Established under Royal Charters to the London Company in 1606, 1609, and 1612, and to the Somers Isles Company in 1615, transmitted via the Governor. Elected lower House of Assembly held first session in 1620, with Council becoming upper house. The Council split in 1888 into an Executive Council and a Legislative Council. Colonial legislature was updated to the Westminster system in 1968. Executive Council was renamed the Cabinet in 1973, and is now formed from Members of the majority party in the House of Assembly. Legislative Council was renamed the Senate of Bermuda in 1980, and is now composed of five Members recommended by the Premier, three by the Leader of the Opposition, and three by the Governor acting in his own discretion, all appointed by the Governor.[6]
Legislative CouncilUnicameral18671871
Legislative CouncilUnicameral19281961Established by an act of parliament; abolished between 1953 and 1954.
Legislative CouncilUnicameral1853 Established under instructions to the governor
Imperial Legislative CouncilBicameral18611947Unicameral until 1920
Legislative CouncilUnicameral1867 2007
Legislative CouncilUnicameral18971936
Legislative CouncilUnicameral18331931Established under the prerogative
CyprusLegislative CouncilUnicameralEstablished under the prerogative
DominicaLegislative CouncilUnicameral1832 Established by an act of parliament
Legislative CouncilUnicameral18452009Established under the British Settlements Act, 1843
FijiLegislative CouncilUnicameralEstablished under the prerogative
GambiaLegislative CouncilUnicameral1843 Established under the British Settlements Act, 1843
GibraltarLegislative CouncilUnicameral19501969
Legislative CouncilUnicameralEstablished under the British Settlements Act, 1843
JamaicaLegislative Council1866
KenyaLegislative CouncilUnicameral19071963Established under the British Settlements Act, 1843
Lower CanadaLegislative CouncilUpper House17911841
Federal Legislative CouncilUnicameral19481957
MaltaLegislative CouncilUnicameralEstablished under the prerogative
Legislative CouncilUnicameral19341945Puppet state of the Empire of Japan
Legislative CouncilUnicameral19221923
MauritiusLegislative CouncilUnicameralEstablished under the prerogative
MontserratLegislative CouncilUnicameral2011Established under instructions to the governor
New ZealandLegislative CouncilUpper House18411950Unicameral until 1853
Legislative CouncilUpper House18331934
NigeriaLegislative CouncilUnicameralEstablished under the prerogative
Legislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act, 1843
Legislative CouncilUnicameral1907Established under the Foreign Jurisdiction Act, 1843
Papua New GuineaLegislative CouncilUnicameral19511963
Portuguese GuineaLegislative CouncilUnicameral19631972Became the Legislative Assembly
Portuguese West AfricaLegislative CouncilUnicameral19221972Abolished between 1926 and 1955
Province of CanadaLegislative CouncilUpper House18411867
RomaniaLegislative CouncilConsultative19231948Established under Article 76 of the 1923 Constitution and retained under Article 72 of the 1938 Constitution
Legislative CouncilUnicameral1832 Established under instructions to the governor
Saint LuciaLegislative CouncilUnicameral18321967[7] Established under the prerogative
Legislative CouncilUnicameralEstablished by an act of parliament
SeychellesLegislative CouncilUnicameral1962 1970 Established under the prerogative
Sierra LeoneLegislative CouncilUnicameralEstablished under the British Settlements Act, 1843
Solomon IslandsLegislative CouncilUnicameral19601970
Legislative CouncilUnicameral18981923Established under the prerogative
Legislative CouncilUnicameral1866Established by an act of parliament
SingaporeLegislative CouncilUnicameral19461953
SwazilandLegislative CouncilUnicameral1964 1967 Established in the Constitution of 1964
Trinidad and TobagoLegislative CouncilUnicameral19251961Established under the prerogative
Legislative CouncilUnicameralEstablished under the Foreign Jurisdiction Act, 1843
Turks and Caicos IslandsLegislative CouncilUnicameral2006
UgandaLegislative CouncilUnicameral19201962Established under the Foreign Jurisdiction Act, 1843
Upper CanadaLegislative CouncilUpper House17911841
Legislative CouncilUnicameral19721990
Country!scope="col"
RegionBodyTypeEstablishedDisestablishedNotes
AustraliaQueenslandLegislative CouncilUpper House18601922
BengalLegislative CouncilUpper House18611947Unicameral until 1937
Eastern Bengal and AssamLegislative CouncilUnicameral19061912
CanadaManitobaLegislative CouncilUpper House18701876First province to eliminate upper chamber.
CanadaNew BrunswickLegislative CouncilUpper House17851891
CanadaNova ScotiaLegislative CouncilUpper House18381928
CanadaPrince Edward IslandLegislative CouncilUpper House17731893
CanadaQuebecLegislative CouncilUpper House18671968Last province to eliminate upper chamber.
IndiaAssamLegislative CouncilUpper House1935 1969
IndiaBombayLegislative CouncilUpper House18611960Unicameral until 1935
IndiaCochinLegislative CouncilUnicameral19251949
IndiaJammu and KashmirLegislative CouncilUpper House19572019
IndiaMadhya PradeshLegislative CouncilUpper House1956 1969
IndiaPunjabLegislative CouncilUpper House1956 1969
IndiaTamil NaduLegislative CouncilUpper House19561986
IndiaWest BengalLegislative CouncilUpper House1952 1969
United StatesDelawareLegislative CouncilUpper House17761792
United StatesFlorida TerritoryLegislative CouncilBicameral18221845
United StatesNew JerseyLegislative CouncilUpper House17761844
United StatesSouth CarolinaLegislative CouncilUpper House17761778

United States

In American English, the term "legislative council" has acquired a slightly different meaning since the 1930s. It refers to a joint committee with members from both houses of the state legislature, which supervises a staff of attorneys, accountants, and researchers charged with providing strictly nonpartisan support services to the legislature or to particular committees.[8] The concept of the legislative council was first developed in Kansas and was implemented by the Kansas Legislature in 1933.[8] [9] Eventually, a majority of U.S. states adopted legislative councils, but under a variety of names.[8] Between 1933 and 1959, at least 32 states had legislative councils.

Kansas still uses a legislative council, although it was converted into the Kansas Legislative Coordinating Council in 1971. Legislative councils operating under that name exist in the states of Arkansas, Arizona, Colorado, Montana, North Dakota, Texas, and Wisconsin. Several states use the term "commission" for the same thing, including New Jersey and Nevada.

A few states, like California, have a "legislative counsel", not "council", who is appointed by a vote of the entire legislature and is thus responsible to the body as a whole rather than a "council" within it.

See also

Notes and References

  1. Wright, Martin. Appendix 9 in The Development of the Legislative Council 1606–1945, in the series "Studies in Colonial Legislatures" edited by Margery Perham of the Institute of Colonial Studies, Oxford, England (Faber & Faber, 1946).
  2. Book: Office . Great Britain Colonial . Colonial Reports Report on Aden . en . 1954.
  3. Book: The Colonial Office List, Comprising Historical and Statistical Information Respecting the Colonial Empire, List of Officers Serving in the Colonies, Etc . H.M. Stationery Office . en . 1947.
  4. Web site: The Senate BARBADOSPARLIAMENT.COM . 2024-05-10 . www.barbadosparliament.com.
  5. Web site: Image 30 of Botswana, Lesotho, and Swaziland; a guide to official publications, 1868-1968 . Library of Congress, Washington, D.C. 20540 USA.
  6. Web site: General Information . . . Bermuda Parliament . Government of Bermuda . 2021-08-06 .
  7. Web site: Saint Lucia - Access Government . Saint Lucia - Access Government.
  8. Book: Teaford. Jon C.. The Rise of the States: Evolution of American State Government. 2002. The Johns Hopkins University Press. Baltimore. 9780801868894. 153–157. registration. August 25, 2014.
  9. Davey . Harold W. . 1953 . The Legislative Council Movement, 1933–1953 . American Political Science Review . en . 47 . 3 . 785–797 . 10.2307/1952905 . 1952905 . 1537-5943.

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