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Which of the following statements are correct ? (A) For creation of Legislative Council, resolution must be passed by 2/3 majority of the members of the Legislative Assembly present and voting of concerned state is necessary. (B) For creation of Legislative Council, resolution must be passed by 2/3 majority of the members of the members of the parliament is necessary.

Which of the following statements are correct ? (A) For creation of Legislative Council, resolution must be passed by 2/3 majority of the members of the Legislative Assembly present and voting of concerned state is necessary. (B) For creation of Legislative Council, resolution must be passed by 2/3 majority of the members of the members of the parliament is necessary. Correct Answer Only (a)

The correct answer is Only (a).

Key Points

  • Article 169 of the Indian Constitution deals with the creation and abolition of the Legislative Council of states. 
  • The Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.
  • A special majority implies a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.

Related Questions

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Consider the following statements:
1. Council of States passes a resolution supported by not less than two-third majority of the members present and voting that it is in the national interest that the Parliament shouldmake law on such matters
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3. The President gives the prior permission for such legislation
4. Speaker of the House of the people in consultation with Chairman of the Council of States gives the prior permission for such legislation
Which of these statements is/are correct?
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Select the correct answer from given below:
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Parliament can legislate on a subject of State List
1. If the Council of States passes a resolution by two-thirds majority of members present and voting that it is expedient in the national interest to do so.
2. If two or more State Legislatures pass a resolution to that effect.
Which of the statements given above is/are correct?