MasteryExams
Indian Polity • Parliament & ExecutiveMedium

Under Article 169 of the Indian Constitution, the power to abolish or create a Legislative Council in a State rests with which authority?

A. State Legislative Assembly alone
B. Parliament by a simple majority
C. Parliament upon a resolution passed by the State Assembly by a special majority✓ Correct Answer
D. Governor of the State concerned

💡 Solution & Explanation

Article 169 of the Indian Constitution empowers Parliament to create or abolish a State Legislative Council, but only if the concerned State Legislative Assembly passes a resolution to that effect by a special majority consisting of a majority of the total membership of the assembly and a majority of not less than two-thirds of the members present and voting. The state assembly alone cannot abolish the council without parliamentary legislation, and the governor has no direct power in this amendment process. Such parliamentary legislation is not deemed a constitutional amendment under Article 368.

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