Actual Article
Article 169: Abolition or creation of Legislative Councils in States
- 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.
UPSC Notes for Article 169
Explanation:
- Abolition or Creation of Legislative Councils:
- Article 169 allows for the abolition of existing Legislative Councils or the creation of new ones in Indian states through an act of Parliament, based on the wishes expressed by the state’s Legislative Assembly.
- The decision must be supported by a resolution in the Legislative Assembly of the state, passed by a majority of the total membership and at least two-thirds of the members present and voting.
Key Points:
- State Assembly’s Role: The role of the state Legislative Assembly is crucial as it initiates the process by passing a resolution either in favor of abolition or creation of the Legislative Council.
- Parliamentary Approval: The final decision on the abolition or creation of Legislative Councils rests with Parliament, ensuring a uniform approach across states while respecting the federal structure.
- Democratic Process: The requirement for a significant majority ensures that the decision reflects a substantial consensus within the state’s Legislative Assembly.
Important Cases and Commissions Related to Article 169
Cases:
- No specific landmark cases directly interpret Article 169, as it deals more with procedural aspects of legislative structuring within states.
Commissions:
- Second Administrative Reforms Commission: Discussed the efficacy and relevance of bicameralism at the state level, considering whether Legislative Councils effectively contribute to governance or merely add another layer of bureaucracy.
- Sarkaria Commission: Evaluated the role of Legislative Councils and recommended that their creation or abolition should reflect pragmatic governance needs rather than political expediencies.
Previous Year Prelims Questions Related to Article 169
- (UPSC Prelims 2016) Who can initiate the process for the abolition or creation of Legislative Councils in a state?
- A. The Governor of the State
- B. The President of India
- C. The state’s Legislative Assembly
- D. The Parliament of India Correct Answer: C. The state’s Legislative Assembly
- (UPSC Prelims 2018) What majority is required in the state Legislative Assembly to pass a resolution for the creation or abolition of a Legislative Council?
- A. Simple majority of the members present and voting
- B. Majority of the total membership and a majority of two-thirds of the members present and voting
- C. Two-thirds of the total membership
- D. Absolute majority of the total membership Correct Answer: B. Majority of the total membership and a majority of two-thirds of the members present and voting
Previous Year Mains Questions Related to Article 169
- Mains 2016: “Discuss the constitutional mechanism provided under Article 169 for the creation and abolition of Legislative Councils. What are the implications of this article on state legislative structures?”
- Mains 2019: “Evaluate the role of Legislative Councils as per the provisions of Article 169. How do these councils impact legislative governance in states?”
Additional Insights:
- Flexibility in State Governance: Article 169 provides states the flexibility to modify their bicameral status according to changing governance needs and political contexts.
- Checks and Balances: The process ensures that changes to the legislative structure of a state are made with thorough deliberation and broad consensus, reflecting a balanced approach to governance.
Understanding Article 169 is crucial for UPSC aspirants as it outlines the constitutional provisions for the creation or abolition of Legislative Councils in states, emphasizing the democratic process and legislative autonomy within the federal structure of India. This knowledge is essential for both preliminary and main examinations, offering insights into the governance mechanisms that facilitate adaptive and responsive legislative structures at the state level.