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To create or abolish a State Legislative Council, the State Legislative Assembly must pass a resolution, which must be supported by the following. A) The majority of the House B) 2/3 majority of members present and voting in the House.

To create or abolish a State Legislative Council, the State Legislative Assembly must pass a resolution, which must be supported by the following. A) The majority of the House B) 2/3 majority of members present and voting in the House. Correct Answer Both A and B

The Correct Answer is Both A and B.

 Key Points

  • Article 169 of the Indian constitution states that
    • Parliament may create or abolish the Council in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.
    • Parliament can then pass a law to this effect. Currently, seven states have the Legislative Council.
    • Special Majority means the majority of the total membership of assembly and by majority of not less than two-thirds of members of assembly present and voting. Hence Both A and B are correct.

​ Important Points

  • India has a bicameral system of legislature.
  • States can have Legislative Council (LC) in addition to the Legislative Assembly if they choose to.
  • Currently, six states have Legislative Councils.
  • The states are 
    • Andhra Pradesh
    • Bihar
    • Karnataka
    • Maharashtra
    • Uttar Pradesh
    • Telangana

Additional Information

  • Under Article 213 the Governor can promulgate ordinances when the state legislature is not in session.
    • These ordinances must be approved by both the houses of the state legislature, where there is a legislative council in the state within six weeks from its reassembly.
    • He/She can also withdraw an ordinance anytime. 

Related Questions

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.
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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?
Consider the following statements : a. Odisha Legislative Assembly passed resolution for creation of Legislative Council recently. b. Currently, five States have Legislative Councils. c. Proposals to create Legislative Councils in Kerala and Gujarat are pending in Parliament. d. 1/12 th members of Legislative Council are elected by registered graduates. Which of the above statements are correct ?
In order to remove a judge of the Supreme Court, the President is, required by the Indian Constitution to receive an address by each House of Parliiament supported by a majority of the total membership of that house, and by a prescribed majority of members of that House present and voting. The prescribed majority is:
Consider the following statements: 1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the judges (Inquiry) Act, 1968. 2. The Constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the Judges of the Supreme Court of India 3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. 4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. Which of the statements given above is/are correct?
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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?
Under the Provisions of the Article 368(2) of the Constitution of India, if a bill comes to Rajasthan Legislative Assembly after passing by Parliament of India for resolution to rectify, then
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