ARTICLE 169

PRERNA FOR IAS

ARTICLE 169

1. Article 169 of the Indian Constitution

Article 169 of the Indian Constitution empowers Parliament to create or abolish a Legislative Council (Vidhan Parishad) in a State. However, Parliament can exercise this power only after the concerned State Legislative Assembly passes a resolution requesting the creation or abolition of the Council. The resolution must be approved by a special majority. This provision provides flexibility to States to decide whether they require a bicameral legislature based on administrative needs and political circumstances. Article 169 ensures that the process remains constitutional while allowing Parliament to make the final decision through legislation.

2. Clause (1) of Article 169

Clause (1) of Article 169 lays down the procedure for creating or abolishing a Legislative Council in a State. If the State Legislative Assembly passes a resolution by a majority of the total membership and by not less than two-thirds of the members present and voting, Parliament may enact a law to either establish or abolish the Legislative Council. The State Legislature itself cannot directly create or abolish the Council. It can only recommend the action, while the final authority rests with Parliament. This maintains constitutional balance between the Union and the States.

3. Clause (2) of Article 169

Clause (2) authorises Parliament to make all necessary supplementary, incidental, and consequential provisions while enacting a law under Article 169. These provisions may include changes required in the Constitution or related laws to facilitate the creation or abolition of a Legislative Council. Parliament can modify legal and administrative arrangements to ensure smooth implementation of the decision. This clause provides flexibility to address practical issues arising from restructuring the State Legislature. It ensures that all legal adjustments required for the functioning of the legislative system are incorporated within the same law passed by Parliament.

4. Clause (3) of Article 169