Abolition or Creation of Legislative Councils (Article 169)

At a Glance

• What it is The route by which a state can get or lose a legislative council
• Article Article 169
• Initiated by A special-majority resolution of the state assembly
• Done by An Act of Parliament by simple majority
• Exam link UPSC Prelims, Polity: State Legislature

Where Does It Fit?

This is the second topic of the category on the State Legislature. The idea of a second chamber in the states was criticised in the Constituent Assembly as unrepresentative, a delay in the legislative process and an expensive institution. Article 169 therefore lets a state choose.

The Procedure

Parliament can abolish a legislative council where it exists, or create one where it does not, if the legislative assembly of the concerned state passes a resolution to that effect. The resolution must be passed by a special majority: a majority of the total membership of the assembly and a majority of not less than two-thirds of the members present and voting. The Act of Parliament is not deemed an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary law, by simple majority. This is one of the items that can be changed by a simple majority of Parliament outside Article 368.

The Reasoning Behind the Provision

The Constituent Assembly criticised the second chamber as not representative of the people, delaying legislation and costly. So the Constitution made the council optional, to enable a state to have a second chamber or not according to its own willingness and financial strength. The existence of the council depends on the will of the assembly, which is one of the matters in which the council is unequal to it.

History of Creation and Abolition

These examples show that the continuation of a council has depended on the will of the state assembly of the time.

Steps in the Procedure

Because the initiative lies with the state assembly and the final law with Parliament, this is a shared arrangement between the state and the Union. It is also one of the provisions where Parliament can change a feature of the Constitution without Article 368. The Tamil Nadu episode shows that Parliament acts on the state assembly’s resolution, and if the assembly changes its mind before the Act is enforced, the Act may never come into force.

Council’s Weak Constitutional Position

The council has been described by critics as a secondary chamber, a costly ornamental luxury and a white elephant, and as a refuge for those defeated in the assembly elections, enabling unpopular and rejected politicians to occupy the post of chief minister, minister or member of the legislature. Its utility is supported on the ground that it checks hasty, defective and ill-considered legislation made by the assembly and facilitates representation of eminent professionals and experts who cannot face direct elections, which is why the Governor nominates one-sixth of the members.

Why Is This Topic Important?

• Special feature A state decides but Parliament enacts
• Simple majority law Not an Article 368 amendment
• Examples Andhra Pradesh and Tamil Nadu are asked

What Came Next?

The next topic covers the duration of state legislatures under Article 172.

Key People and Terms

• Article 169 Abolition or creation of councils
• Special majority Total membership plus two-thirds of those present
• Ordinary law Passed by simple majority
• Second chamber Upper house
• Dilatory chamber One that only delays

Exam Corner

Mains Angle

Questions on this topic usually ask about the necessity of the council. Use these points to add depth.

• Optional second chamber State choice
• Ordinary law No amendment needed
• Political nature Created and abolished with changes of government
• Pros and cons Checks haste versus costly luxury