Part VI: The States

Chapter III: The State Legislature - General

Article 169: Abolition or Creation of Legislative Councils in States

--- Original Article ---

(1) Notwithstanding anything in article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.

(2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.

(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.

Explanation

Article 169 empowers Parliament to respond to specific needs of states regarding legislative structure, allowing for the establishment or dissolution of a Legislative Council. This mechanism provides a flexible framework to adapt legislative structures based on regional requirements and democratic representation.

Clause Analysis

• Clause (1): Parliamentary power to create or abolish a Legislative Council in a state, contingent on a resolution by the state's Legislative Assembly. The resolution requires a majority of the total membership and a two-thirds majority of members present and voting.
• Clause (2): Allows Parliament to make necessary amendments to the Constitution when creating or abolishing a Legislative Council.
• Clause (3): Specifies that laws enacted under Article 169 are not considered amendments under Article 368.

Amendments

This article was introduced as part of the Seventh Amendment, acknowledging the need for flexible legislative structures in states. It has since allowed states such as Andhra Pradesh, Tamil Nadu, and West Bengal to modify their legislative councils based on local governance needs.

Real-Life Example

• In Maharashtra, the Legislative Assembly at one point supported the continuance of the Legislative Council, demonstrating local governance needs that differ across states.

Historical and Legislative Context

Legislative Councils were initially seen as a means to represent various interests, especially intellectual and professional groups. Article 169 highlights India’s regional diversity, allowing states flexibility to adopt legislative structures reflecting local needs.

Legislative History

Originally introduced as Article 148-A in the Draft Constitution, Article 169 was incorporated as a response to changing administrative needs of Indian states. Its flexibility has allowed the Constitution to adapt to state demands over time.

Debates and Deliberations

In the Constituent Assembly, Dr. B. R. Ambedkar proposed inserting Article 148-A, enabling flexibility in state legislative structures. Members discussed the advantages and disadvantages of having second chambers. Prof. Shibban Lal Saksena and Shri H. V. Kamath opposed the ease of creating new Councils, fearing they could be manipulated by political interests.

Shri R. K. Sidhwa criticized the financial burden of Councils, supporting simpler governance. Meanwhile, members like Shri Brajeshwar Prasad argued that Councils could provide stability in uncertain times, showing contrasting perspectives on regional governance needs.

References

• Constitution of India, Article 169
• Constitution (Seventh Amendment) Act, 1956