Decided on August 04,2003

Lok Adhikar Sangathan Appellant
UNION OF INDIA Respondents


RAVI S.DHAVAN, J. - (1.) THIS petition has been filed as a public interest litigation by three persons Messrs. Gorelal Manishi, Brajendra Kumar Guha and Ram Nandan Prasad. The first of them calls himself a Deputy Convenor of an organization labelled as Lok Adhikar Sangathan, Bihar.
(2.) BETWEEN the organization which they have got together, possibly for the purpose of this petition, and between them, it is their contention that continuing the Bihar Legislative Council is a fraud on the Constitution. The petitioners do not refer to the particular Article of the Constitution of India by which there is a composition of the Legislative Council. This is Article 171. Conveniently ignoring this Article it was so readily pointed that Article 169 desires abolition of Legislative Council in States. It is contended that in 1970 the Bihar Legislative Assembly debated the issue and the motion was carried, to the effect, that the House had resolved that the Bihar Legislative Council be abolished. This was 33 years ago. Then, it is submitted that at the question hour, the Union Parliament also discussed this matter. It is also submitted that by this time an Act of Parliament should have been passed and the Constitution ought to have been amended by abolishing the Bihar Legislative Council; that the Bihar Legislative Council is a drain on the exchequer and its existence is a fraud on the Constitution.
(3.) SINCE the petitioners have not taken care even to refer to the particular provision of the Constitution of India by which the Bihar Legislative Council had been established (Article 171), to talk of abolition of it can be strictly in terms of the Constitution.;

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