Previous Year Question

Article 169 deals with the creation or abolition of Legislative Councils in States. Parliament may create a Legislative Council in a State where none exists or abolish an existing Council, but the process must begin with a resolution passed by the Legislative Assembly of the concerned State.

The resolution must satisfy two majority requirements simultaneously—a majority of the total membership of the Assembly, and a majority of not less than two-thirds of the members present and voting. Parliament may thereafter enact a law providing for the creation or abolition of the Council.

An important fact is that such a parliamentary law may contain consequential amendments to the Constitution, yet it is not deemed to be a constitutional amendment for the purposes of Article 368. Hence, the special amendment procedure under Article 368 is not required for such a law.

The options can be distinguished as follows—

Article 168 → Constitution of State Legislatures
Article 169 → Creation or abolition of Legislative Councils
Article 170 → Composition of Legislative Assemblies
Article 171 → Composition of Legislative Councils

Thus, the key examination fact is—Create/Abolish Legislative Council → Article 169.