Creation and Abolition of State Legislative Councils

A State Legislative Council is the upper House of a state's legislature, where such a House exists. Article 169 allows Parliament to create a Council in a state without one, or abolish an existing Council, after the state's Legislative Assembly passes a resolution with a prescribed special majority.

The Legislative Assembly initiates the process

The constitutional process begins with a resolution of the state's Legislative Assembly, not with a decision of the state government alone.

• Under Article 169(1), the resolution must receive both a majority of the Assembly's total membership and a majority of not less than two-thirds of the members present and voting.
• These two requirements operate together: satisfying only the two-thirds requirement among those present and voting is insufficient.
• The same special majority is required whether the proposal is to create a Council or abolish one.
• The Constitution does not require the existing Legislative Council to approve a resolution proposing its abolition.

Parliament decides through an ordinary law

The Assembly's resolution does not itself create or abolish the Council. It enables Parliament to consider legislation for that purpose.

• Article 169 states that Parliament may make such a law; Parliament is therefore not bound to accept the Assembly's proposal.
• The parliamentary Bill follows the ordinary legislative procedure: it requires passage by both Houses with a simple majority, meaning a majority of members present and voting, and the President's assent.
• The Assembly's special-majority requirement must not be confused with the majority needed in Parliament, where no corresponding special majority is prescribed.

Consequential changes and constitutional status

Under Article 169(2), the law must contain the constitutional amendments necessary to give effect to its provisions. It may also include supplemental, incidental and consequential provisions that Parliament considers necessary.

• For example, the law may make the necessary consequential change to Article 168, which identifies the states having a legislature with two Houses.
• Under Article 169(3), such a law is not deemed a constitutional amendment for the purposes of Article 368.
• Consequently, the Article 368 amendment procedure, including its special-majority requirement, does not apply.