Creation and Abolition of Legislative Councils

Legislative council creation or abolition in an Indian state is not something a state can do on its own. Article 169 gives Parliament the power to create or abolish a state's Legislative Council, but only after that state's own Legislative Assembly asks for the change by a special resolution — a design that keeps the initiative with the state while leaving the final legal act to Parliament.

Article 169: The Procedure

Article 169(1) provides that, notwithstanding anything in Article 168, Parliament may by law provide for the abolition of the Legislative Council of a state that has one, or for the creation of such a Council in a state that does not have one, if the Legislative Assembly of that state passes a resolution to that effect. The resolution needs a double special majority: a majority of the total membership of the Assembly, and a majority of not less than two-thirds of the members of the Assembly present and voting.

Why This Isn't Treated as a Constitutional Amendment

Article 169(2) allows the resulting Parliamentary law to contain whatever provisions for amending the Constitution are necessary to give effect to it, along with any supplemental, incidental or consequential provisions Parliament considers necessary. Article 169(3), in turn, provides that such a law is not to be deemed an amendment of the Constitution for the purposes of the special constitutional-amendment procedure — meaning it can be passed by Parliament through ordinary legislative procedure rather than the more elaborate route used for formal constitutional amendments. This is exactly why the initiative must come from the state's own Assembly by special majority in the first place: that requirement substitutes for the more elaborate amendment process that would otherwise apply.

Councils Created and Abolished: A Working History

The Article 169 mechanism has actually been used, in both directions, several times since 1950.

The Tamil Nadu episode is a particularly instructive illustration of how the Article 169 route works in both directions: the state Assembly first sought a Council in 2010, Parliament duly legislated to create one, and then — before that law was even brought into force — the Assembly reversed itself in 2011 and sought abolition instead. Tamil Nadu remains unicameral as a result.

Why the Legislative Council Is the Weaker House

The very fact that a Council can be abolished by an ordinary Assembly resolution reflects its structurally subordinate position within a state's legislature. Its continued existence depends entirely on the Assembly's will. The Council of Ministers, moreover, is responsible only to the Assembly, never to the Council. On Money Bills, the Council has no power to reject or amend — it can only withhold a Money Bill for a limited period or suggest amendments the Assembly is free to disregard. On ordinary Bills too, the Council's role is limited to delaying passage for a matter of months; in case of continuing disagreement, the Assembly's version prevails without needing the Council's concurrence at all. Unlike Parliament, where a deadlock between the two Houses over an ordinary Bill is resolved through a joint sitting, there is no equivalent joint-sitting mechanism between a state's Legislative Assembly and its Legislative Council — the Assembly simply has the last word.

UPSC Relevance

Prelims: The exact majority required under Article 169, and the list of states that have created or abolished a Legislative Council and when, are frequently tested facts.

Mains: GS Paper II questions may ask candidates to assess whether the Legislative Council serves a meaningful revising function given its limited powers relative to the Assembly, using Article 169's abolition mechanism as evidence of its subordinate status.

FAQ

Q1. Who can trigger the creation or abolition of a state's Legislative Council? The state's own Legislative Assembly, by passing a special-majority resolution; Parliament then enacts the actual law under Article 169.

Q2. What majority does the Assembly's resolution require? A majority of the total membership of the Assembly, and a majority of not less than two-thirds of members present and voting.

Q3. Is a law made under Article 169 treated as a constitutional amendment? No — Article 169(3) specifically excludes it from being deemed a constitutional amendment, even though it can contain provisions amending the Constitution.

Q4. Which states have abolished their Legislative Councils? Punjab and West Bengal (1969), Tamil Nadu (1986), and the former state of Jammu and Kashmir (2019, via the Reorganisation Act).

Q5. Can the Legislative Council reject a Money Bill? No — it can only withhold a Money Bill for a limited period or recommend amendments, which the Assembly is free to accept or reject.

Quick Revision

• Article 169: Parliament creates/abolishes a state Legislative Council on the Assembly's special-majority resolution (total membership + 2/3 present and voting).
• Such a law is NOT deemed a constitutional amendment (Article 169(3)).
• Councils abolished: Punjab & West Bengal (1969), Tamil Nadu (1986), J&K (2019).
• Councils created/revived: Andhra Pradesh (2005); Tamil Nadu's 2010 Act was never enforced.
• Council cannot reject Money Bills; no joint-sitting mechanism resolves Assembly-Council deadlock — Assembly's will prevails.

Sources

• The Constitution of India, Article 169, Part VI — legislative.gov.in
• The Jammu and Kashmir Reorganisation Act, 2019 — legislative.gov.in
• The Andhra Pradesh Legislative Council Act, 2005 — legislative.gov.in

Further Reference

For deeper reading on this topic and the wider polity syllabus, these standard works are recommended:

• M. Laxmikanth, Indian Polity (McGraw Hill) — the standard UPSC handbook.
• D.D. Basu, Introduction to the Constitution of India (LexisNexis) — authoritative constitutional-law treatment.
• The Constitution of India — Bare Act — the official text.

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