JAGTIV · Previous Year Questions

UPPSC

POLITY · 2018

Previous Year Question

Which of the following CAN NOT be dissolved but abolished?

A.

House of People

B.

Council of State

C.

Legislative Assembly

D.

Legislative Council

Correct Answer: D

Detailed Solution

A Legislative Council is the Upper House of a State Legislature. It is a continuing/permanent House and therefore is not dissolved like a Legislative Assembly. Approximately one-third of its members retire every second year. Article 172(2) of the Constitution reflects this continuing character of a Legislative Council.

However, a Legislative Council can be abolished. Under Article 169(1), Parliament may by law abolish the Legislative Council of a State if the Legislative Assembly of that State first passes the constitutionally prescribed resolution.

Such a resolution must be supported by a majority of the total membership of the Legislative Assembly and by not less than a two-thirds majority of the members present and voting. Parliament may thereafter enact a law either abolishing an existing Legislative Council or creating one in a State where no such Council exists.

The distinction from the other options is clear—the Lok Sabha and a Legislative Assembly can be dissolved. The Rajya Sabha is also a permanent House and cannot be dissolved, but the Constitution does not provide an Article 169-type mechanism for its abolition.

Thus, the key association is—Legislative Council → cannot be dissolved → can be abolished → Article 169.

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