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Article 169 of Indian Constitution - Detailed Analysis

Last Updated on Apr 11, 2025
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Overview

Name of the Article

Article 169 - Abolition or creation of Legislative Councils in States

Part of the Constitutional Article

Part VI

Article 169 of Indian Constitution is an important provision under Part VI. Article 169 outlines the Abolition or creation of Legislative Councils in States. It empowers the Parliament to make laws for the purpose. Provided the Legislative Assembly of the concerned state passes a resolution expressing its approval. The provision shows the balance between state autonomy and parliamentary authority in the federal structure of the country.

Interpretation of Article 169 of Indian Constitution

Article 169 of Constitution states - “1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a state having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting. 2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary. 3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.”

Article 169 of Indian Constitution outlines the abolition of existing Legislative Councils or the establishment of new ones in the states through an act of Parliament. The process is initiated by the Legislative Assembly of the State which must pass a resolution expressing its wishes regarding the matter. 

The resolution requires the support of a majority of the total membership of the Legislative Assembly and at least two-thirds of the members present and voting. The state Legislative Assembly plays an important role in starting the process. The final decision lies with Parliament which ensures a standardized approach across states while upholding the principles of federalism.

Conclusion

Article 169 reflects the cooperative nature of federalism of the country by involving both the Legislative Assembly of the State and Parliament in decisions about Legislative Councils. It makes sure that such decisions are democratic and based on consensus within the state. It maintains uniformity and legality through parliamentary oversight.

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FAQs about Article 169 of Indian Constitution

Article 169 provides for the abolition of existing Legislative Councils or the creation of new ones in Indian states.

The Parliament can act only after the Legislative Assembly of the concerned state passes a resolution expressing its approval.

Article 169 is mentioned under Part VI of the Constitution of India.

The state Legislative Assembly initiates the process by passing a resolution in favor of the abolition or creation of a Legislative Council.
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