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What is Article 169 of indian constitution

 

📜 Article 169 of the Indian Constitution

Title: Abolition or Creation of Legislative Councils in States


🔹 Text Summary of Article 169:

Parliament may by law provide for the abolition or creation of the Legislative Council (Vidhan Parishad) in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.


📌 Key Provisions of Article 169:

Aspect Details
Power to Create/Abolish Lies with Parliament of India
Initiating Body Legislative Assembly of the concerned State
Resolution Requirement Passed by a special majority (i.e., majority of total membership + 2/3 of members present and voting)
Procedure After the resolution, Parliament may enact a law to create or abolish the Council
Applicability Applies to bicameral states or states desiring to change structure

🧠 Key Takeaways:

  • The Legislative Assembly (Vidhan Sabha) has the right to initiate removal or re-creation of the Legislative Council.

  • Final authority rests with the Parliament, not the state itself.

  • Reflects flexibility in the Indian Constitution for unicameral or bicameral legislature at the state level.


🏛️ States with Legislative Councils (as of now):

State Has Legislative Council?
Uttar Pradesh ✅ Yes
Bihar ✅ Yes
Maharashtra ✅ Yes
Karnataka ✅ Yes
Andhra Pradesh ✅ Yes
Telangana ✅ Yes

Some other states like Tamil Nadu, Punjab, and Rajasthan have passed resolutions in the past but the Parliament did not act upon all.


⚖️ Related Articles:

Article Subject
168 Constitution of State Legislatures
171 Composition of Legislative Councils