Who among the following recommends to the Parliament of India that the Legislative Council of a State should be created or abolished?

Difficulty: Medium

Correct Answer: The Legislative Assembly of the concerned State

Explanation:


Introduction / Context:
In India, some States have a bicameral legislature consisting of a Legislative Assembly (Vidhan Sabha) and a Legislative Council (Vidhan Parishad), while others have only a Legislative Assembly. The Constitution lays down a special procedure for creating or abolishing a Legislative Council in a State. This question tests your understanding of which body initiates the recommendation to Parliament for such creation or abolition.


Given Data / Assumptions:

  • The subject is the creation or abolition of a State Legislative Council.
  • Options include the President, the State Governor, the State Legislative Council and the State Legislative Assembly.
  • We assume basic familiarity with bicameral and unicameral legislatures at the State level.
  • We are concerned with the recommending authority, not the final law-making body.


Concept / Approach:
Article 169 of the Constitution of India deals with the creation and abolition of Legislative Councils in States. It states that Parliament may by law provide for the creation or abolition of a Legislative Council in a State if the Legislative Assembly of the State passes a resolution to that effect by a special majority. Thus, the process begins in the Legislative Assembly, which recommends such change to Parliament. The President and Governor have roles in assenting to laws, but not in making the initial recommendation. The Legislative Council itself also does not initiate its own creation or abolition.



Step-by-Step Solution:
Step 1: Recall that Article 169 governs the creation and abolition of State Legislative Councils. Step 2: Note that this Article requires a special resolution passed by the State Legislative Assembly, not any other body. Step 3: Understand that once the Assembly passes such a resolution, Parliament may enact a law to create or abolish the Council. Step 4: Recognize that the President only assents to the Parliamentary law and does not make the recommendation. Step 5: Conclude that the recommending body is the Legislative Assembly of the concerned State.


Verification / Alternative check:
You can verify this by recalling examples such as the abolition of the Legislative Council in some States or demands for creating new Councils. In news reports and polity books, it is always mentioned that the State Legislative Assembly first passes a resolution requesting creation or abolition. Only after this step does Parliament act. This real-world pattern supports the constitutional rule and confirms that the Assembly is the recommending authority.



Why Other Options Are Wrong:
The President of India: The President gives assent to laws passed by Parliament but does not make the initial recommendation to create or abolish a State Legislative Council.
The Governor of the concerned State: The Governor is the nominal head of the State and acts on the advice of the Council of Ministers; however, the Constitution does not give the Governor the power to recommend the creation or abolition of a Legislative Council.
The Legislative Council of the concerned State: The Council cannot recommend its own creation or abolition; the initiation must come from the Legislative Assembly.



Common Pitfalls:
Students sometimes misinterpret “Parliament may provide by law” as meaning that Parliament also initiates the process without a State resolution. Others confuse the roles of the Governor and the President in giving assent with the power to recommend. The key is to distinguish between recommendation, law-making and assent, and to remember that the State Legislative Assembly is the starting point for changes in the existence of a Legislative Council.



Final Answer:
It is the Legislative Assembly of the concerned State that recommends to Parliament the creation or abolition of a State Legislative Council.

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