Regarding the constitutional procedure for the abolition or creation of a Legislative Council in a State under Article 169 of the Constitution of India, which of the following statements is correct?
- The State Legislative Assembly must pass a resolution by a special majority, following which Parliament may enact a law by a simple majority, which is not deemed to be an amendment of the Constitution under Article 368.Cevap
- BThe State Legislative Assembly passes a resolution by a simple majority, after which Parliament must pass a constitutional amendment bill under Article 368 by a special majority.
- CThe Governor can issue an ordinance under Article 213 to temporarily establish a Legislative Council when the State Legislative Assembly is not in session.
- DA resolution passed by the State Legislative Assembly automatically creates the Legislative Council upon receiving assent from the Governor without Parliamentary intervention.
Cevap
The State Legislative Assembly must pass a resolution by a special majority, following which Parliament may enact a law by a simple majority, which is not deemed to be an amendment of the Constitution under Article 368.
Under Article 169 of the Constitution of India, Parliament is empowered to abolish or create a Legislative Council in a State if the Legislative Assembly of that State passes a resolution to that effect by a special majority (a majority of the total membership of the Assembly and a majority of not less than two-thirds of members present and voting). Once the resolution is passed, Parliament may pass a law by simple majority, and Article 169(2) explicitly specifies that such a law shall not be deemed an amendment of the Constitution for the purposes of Article 368.
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Constitutional procedure for abolition or creation of State Legislative Councils under Article 169