Article 169 of Constitution of India – Abolition or creation of Legislative Councils in States.
Article 169 of Constitution of India deals with Abolition or creation of Legislative Councils in States.
Original Text of Article 169 of 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
Questions related to Article 169 of Constitution of India
Article 169 empowers Parliament to create or abolish a Legislative Council in a State, but only if the State Legislative Assembly passes a resolution to that effect by a special majority, as per the Constitution of India.
No, a State cannot do it alone. It must first pass a resolution in its Legislative Assembly, and then Parliament enacts a law to effect the change, following Article 169 of the Indian Constitution.
Yes, Article 169 has been invoked multiple times. For instance, Andhra Pradesh abolished and later re-established its Legislative Council. These developments are documented on Indian Kanoon and reflect the flexibility under this provision.
The resolution must be passed by a special majority — that is, a majority of the total membership and not less than two-thirds of the members present and voting, as defined in the Articles of Indian Constitution.
You can read expert commentaries, parliamentary debates, and judicial interpretations of Article 169 on platforms like Indian Kanoon, especially in the context of State legislative reforms under the Indian Constitution.
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