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Question

Difficulty: EasyState Polity, Administration, and Governance

Arrange the following stages in the constitutional procedure for the creation of a State Legislative Council under Article 169 of the Constitution of India in the correct chronological sequence from first to last:

  1. 1Passing of a resolution by the State Legislative Assembly by a special majority
  2. 2Introduction of a bill for the creation of the council in Parliament
  3. 3Passing of the bill by Parliament by a simple majority
  4. 4Assent to the bill by the President of India

Answer

The correct chronological sequence for creating a State Legislative Council under Article 169 is: First, passing of a resolution by the State Legislative Assembly by a special majority; Second, introduction of a bill in Parliament; Third, passing of the bill by Parliament by a simple majority; and Fourth, assent to the bill by the President of India.
Under Article 169 of the Constitution of India, the creation of a State Legislative Council requires a sequential four-step process: the State Legislative Assembly must first pass a resolution by a special majority, followed by the introduction of an enacting bill in Parliament, its passage by Parliament via a simple majority, and finally receiving the assent of the President of India.

Step-by-Step Solution

1
Identify the initiating constitutional step at the state level.
Under Article 169, the State Legislative Assembly must initiate the proposal by passing a resolution by a special majority (majority of total membership and at least two-thirds of members present and voting).
Parliament cannot enact legislation to create a State Legislative Council without a prior formal request from the concerned state assembly.
2
Determine the parliamentary legislation stage.
After receiving the state resolution, a bill is introduced in Parliament and passed by a simple majority.
Article 169 specifies that parliamentary law for this purpose is passed by simple majority and is not treated as a constitutional amendment under Article 368.
3
Identify the final enactment stage.
The bill receives the assent of the President of India to become an Act.
Presidential assent completes the legislative process required to officially establish the new legislative body.

Key Concept

Procedure for Creation of State Legislative Council under Article 169
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Topics

State Polity, Administration, and Governance

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