Question

Under which one of the following articles of Indian Constitution, provision of creation or abolition of Legislative Councils in States are made?
1. Article 168
2. Article 169
3. Article 170
4. Article 171

Answer 1

Correct Answer - Option 2 : Article 169

The correct answer is Article 169.

• Article 169:-
  • Article 169 of the Constitution allows Parliament to either create or abolish a Council in a state “if the Legislative Assembly of the State passes a resolution to that effect.
  • The resolution must be 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.
  • India has a bicameral system i.e., two Houses of Parliament.
  • At the state level, the equivalent of the Lok Sabha is the Vidhan Sabha or Legislative Assembly and that of the Rajya Sabha is the Vidhan Parishad or Legislative Council.
  • Article 169 provides for the creation and abolition of legislative councils in states.

• Article 168:-
  • It deals with the Constitution of Legislatures in States.
  • For every State, there shall be a Legislature which shall consist of the Governor, and In the States of Andhra Pradesh, Telengana, Uttar Pradesh, Bihar, Maharashtra, Karnataka, and Jammu and Kashmir, two Houses.
  • In other States, one House.
  • Where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, and where there is only one House, it shall be known as the Legislative Assembly.
• Article 170:-
  • It deals with the composition of the Legislative Assemblies.
  • Subject to the provisions of article 333, the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State.
  • For the purposes of clause (1), each State shall be divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, be the same throughout the State.
• Article 171:-
  • It deals with the composition of the Legislative Councils.
  • The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State:
  • Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.
  • Until Parliament by law otherwise provides, the composition of the Legislative Council of a State shall be as provided in clause (3).