Difficulty: Medium
Correct Answer: By Parliament, on the basis of a resolution passed by the Legislative Assembly of the State
Explanation:
Introduction / Context:
Some States in India have a bicameral legislature consisting of a Legislative Assembly and a Legislative Council, while others have only a Legislative Assembly. The Constitution provides a flexible mechanism for creating or abolishing the Legislative Council in a State. This question tests whether you know the correct constitutional procedure and the roles of the State and Parliament in that process.
Given Data / Assumptions:
Concept / Approach:
Article 169 of the Constitution of India provides that Parliament may by law create or abolish the Legislative Council of a State. However, this can be done only if the Legislative Assembly of that State passes a resolution to that effect by a special majority, namely, a majority of the total membership of the Assembly and a majority of not less than two thirds of the members present and voting. Thus, the initiative comes from the State Legislative Assembly, but the actual creation or abolition is done by Parliament through legislation.
Step-by-Step Solution:
Step 1: Recall that it is Parliament, not the Governor or President alone, that has the power to create or abolish a State Legislative Council.
Step 2: Remember that this power is conditioned on a resolution being passed by the State Legislative Assembly with a specified special majority.
Step 3: Identify the option that mentions Parliament acting on the basis of such a resolution from the Legislative Assembly.
Step 4: Select By Parliament, on the basis of a resolution passed by the Legislative Assembly of the State as the correct answer.
Verification / Alternative check:
Reading Article 169 confirms that Parliament may by law provide for the creation or abolition of a Legislative Council in a State, but only after the Legislative Assembly of that State has passed a special majority resolution. The President and Governor are involved in the usual processes of assent and executive action, but they do not independently create or abolish councils. The Supreme Court has no such power in this matter, which is clearly treated as a legislative question.
Why Other Options Are Wrong:
Parliament acting on its own: This ignores the requirement of a prior State Legislative Assembly resolution. President or Governor acting on recommendations: They do not have independent constitutional authority to create or abolish the Council; their roles are limited to formal assent and executive functioning. Supreme Court decision: The judiciary interprets the Constitution but does not create or abolish legislative bodies by its own initiative in this context.
Common Pitfalls:
Many learners incorrectly think that Parliament can create or abolish Legislative Councils whenever it wishes, without State level input. Others overestimate the role of the President or Governor, assuming they can make such major constitutional changes on advice alone. Understanding the interplay between State resolution and Parliamentary law under Article 169 is essential for answering such questions correctly.
Final Answer:
By Parliament, on the basis of a resolution passed by the Legislative Assembly of the State
Discussion & Comments