Which of the following can recommend the creation of a Legislative Council in an Indian state?
Show answer & explanation
Correct answer: C
Explanation
State Legislative Assembly -
Under Article 169 of the Indian Constitution, Parliament has the power to create or abolish the Legislative Council in a state, but this must be recommended by the State Legislative Assembly.
Process of Formation:
Assembly Resolution: The Legislative Assembly of the concerned State must pass a resolution by a majority of its total membership and a two-thirds (2/3) majority (special majority) of the members present and voting.
Parliament's Role: After receiving a resolution from the Legislative Assembly, the Parliament of India can pass it by a simple majority. This does not require a formal amendment to the Constitution (under Article 368).
Final Approval: The Legislative Council is formed after the President's signature.
Legislative Council:
Permanent House: Like the Rajya Sabha, the Legislative Council is a permanent house that cannot be dissolved, but can only be abolished.
Number of Members: Its membership cannot exceed one-third (1/3) of the total membership of the State Legislative Assembly, but must be at least 40.
Current Status: Currently, only six states in India have Legislative Councils:
Uttar Pradesh
Bihar
Maharashtra
Karnataka
Andhra Pradesh
Telangana