Article 169 of Indian Constitution Abolition or creation of Legislative Councils in States.
Article 169 Abolition or creation of Legislative Councils in States – Constitution Of India
(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.
Summary of Article 169 of Indian Constitution
FAQ on Article 169 of Indian Constitution
Here are five frequently asked questions (FAQ) regarding Article 169 of the Indian Constitution:
What is Article 169 of the Indian Constitution?
Article 169 is a provision that allows the Parliament of India to create or abolish Legislative Councils in Indian States based on specific conditions and without the need for a full constitutional amendment.
Under what conditions can a Legislative Council be abolished or created?
A Legislative Council can be abolished or created if the State’s Legislative Assembly passes a resolution with a majority of its members supporting it, and with a two-thirds majority of members present and voting.
Why might a State want to abolish its Legislative Council?
States may consider abolishing their Legislative Councils for various reasons, including cost reduction, streamlining the legislative process, or due to a change in political priorities.
How does Article 169 affect the political structure of a State?
Article 169 gives States the flexibility to adapt their legislative structures to changing needs and political dynamics. It allows for the addition or removal of an upper house (Legislative Council) in a State’s legislature.
Is amending the Constitution required for changes under Article 169?
Yes, any law passed under Article 169 must include provisions for amending the Constitution if necessary to accommodate the changes. However, these changes aren’t considered formal amendments to the Constitution under Article 368.