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Q37 (NDA-II/2010) Polity & Governance › State Executive & Legislature › State legislative council Answer Verified

The Legislative Council in a Slate in India can be created or abolished by the

Result
Your answer: —  Â·  Correct: C
Explanation

According to Article 169 of the Indian Constitution, the Parliament has the power to create or abolish the Legislative Council (Vidhan Parishad) of a state [c1][t5]. This power is not absolute and can only be exercised if the Legislative Assembly of the concerned state passes a resolution to that effect [c2][t1]. Such a 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 [t5]. Once the state assembly passes this resolution, Parliament may enact a law to give effect to the creation or abolition [c3]. Notably, such a law passed by Parliament is not considered a constitutional amendment under Article 368 [t5]. The Governor does not have the power to create or abolish the Council, nor is their recommendation a prerequisite for this specific process [c1].

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > ORGANISATION OF STATE LEGISLATURE > p. 334
  2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 33: State Legislature > ORGANISATION OF STATE LEGISLATURE > p. 334
  3. [3] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > ORGANISATION OF STATE LEGISLATURE > p. 335
  4. [4] https://boardofrevenue.bihar.gov.in/Docs/The-State-Legislature-General.pdf
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SIMILAR QUESTIONS

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