Also: creation or abolition of Legislative Councils in states
Definition
The Article that lets Parliament abolish or create a state Legislative Council by ordinary law, after the state Assembly passes a resolution by a majority of its total membership and two-thirds of members present and voting.
The framers left it to each state to decide whether to have a second chamber. Some members argued councils would provide revision and represent teachers, graduates and local bodies; others called them costly and a refuge for defeated politicians. As a compromise, Article 169 lets states choose, with Parliament giving legal effect. Councils are composed under Article 171: one-third elected by local bodies, one-twelfth by graduates, one-twelfth by teachers, one-third by the Assembly and the rest nominated by the Governor.
Key features and provisions
Initiation: the state Assembly passes a resolution.
Majority: majority of total membership and two-thirds of members present and voting.
Parliamentary law: Parliament may then pass a law; it is not bound to do so.
Not an amendment: Article 169(3) says such a law is not an amendment of the Constitution for Article 368, though it may amend the Constitution's provisions as needed.
Size limit: council strength cannot exceed one-third of the Assembly, with a minimum of 40 members.
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