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Q87 (CDS-I/2009) Polity & Governance › State Executive & Legislature › State legislative council Answer Verified

Who among the following recommends to the Parliament for the aboliation of the Legislative Council in a State ?

Result
Your answer: —  Â·  Correct: D
Explanation

Under Article 169 of the Constitution of India, the Parliament has the power to abolish or create a Legislative Council in a state. However, this power is contingent upon a specific recommendation from the state itself. Specifically, the Parliament can only act if the Legislative Assembly of the concerned state passes a resolution to that effect [2]. Such a resolution must be passed by a special majority, which requires a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting [1]. While the Parliament ultimately enacts the law for abolition, the initiation and recommendation must originate from the lower house of the state legislature, making the Legislative Assembly the recommending body [2]. The Governor and the President do not have the power to recommend this abolition independently.

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
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