Part VI - The States • Article

Article 169 Simplified: Abolition or creation of Legislative Councils in States

This article details the procedure to create or abolish a Legislative Council (the upper house of a state legislature). The State Legislative Assembly must first pass a resolution by a special majority, and then Parliament can pass a law by a simple majority to officially create or abolish the Council.

Official Text

(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.

Simple Meaning

Explain Like Ten

If a state wants to start or end its second lawmaking group (the Legislative Council), the state assembly must vote yes by a big majority, and then the national parliament must pass a law to make it official.

Student Mode

Lays down the procedure for the creation or abolition of a Legislative Council (Vidhan Parishad) in a state. For this, the State Legislative Assembly must pass a resolution supported by a special majority (a majority of the total membership of the Assembly AND not less than two-thirds of the members present and voting). Parliament can then pass a law by a simple majority to give effect to it. Under Article 169(3), such a law is not considered a constitutional amendment under Article 368.

Example

If Rajasthan wishes to establish a Legislative Council, its Legislative Assembly must pass a resolution supported by a majority of the total membership and at least two-thirds of the members present and voting. Parliament then passes a federal law to create it.

Key Takeaway

Legislative Councils can be created or abolished through a joint process where the State Assembly initiates a request by special majority and Parliament enacts it by simple majority.

FAQs

Does the creation or abolition of a Legislative Council require a constitutional amendment under Article 368?

No. Article 169(3) explicitly states that any law passed by Parliament for this purpose is not deemed to be a constitutional amendment under Article 368, and thus can be passed by a simple majority like an ordinary bill.

What majority is required in the State Legislative Assembly to pass a resolution under Article 169?

A special majority is required: a majority of the total membership of the Assembly, plus a majority of not less than two-thirds of the members present and voting.

Quiz

What majority is required in the Parliament to pass a law abolishing or creating a State Legislative Council under Article 169?

Answer: Simple majority

Under Article 169, which body must initiate the process of creating or abolishing a Legislative Council?

Answer: The State Legislative Assembly