Answer By law4u team
Constitution Of India Article 169: Abolition or Creation of Legislative Councils in States
(1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
(2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.
(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
Brief Detail
Article 169 provides for the process by which Parliament can either abolish or create a Legislative Council in any State. This can happen only if the Legislative Assembly of the State passes a resolution with a majority of the total membership and a two-thirds majority of the members present and voting. The law passed to do this can also make necessary amendments to the Constitution and other related provisions but does not count as an amendment under Article 368.
Question & Answers
What does Article 169 allow Parliament to do regarding Legislative Councils?
Article 169 allows Parliament to abolish or create a Legislative Council in a State, provided the Legislative Assembly passes a resolution with the required majority. This process is governed by specific provisions outlined in the Article.
What are the conditions for the creation or abolition of a Legislative Council in a State?
The conditions are that the Legislative Assembly must pass a resolution with: - A majority of the total membership of the Assembly, and - A two-thirds majority of the members present and voting.
Example
For example, if a state like Rajasthan wants to abolish its Legislative Council, the Legislative Assembly must first pass a resolution with the required majorities. If this happens, Parliament may then pass a law to abolish the Council, following the procedure outlined in Article 169.
Summary
Article 169 empowers Parliament to either abolish or create Legislative Councils in States based on a resolution passed by the State's Legislative Assembly. The process is governed by specific requirements and does not count as a constitutional amendment under Article 368.
