Consider the following statements regarding the creation or abolition of a Legislative Council (Vidhan Parishad) in an Indian State:
1. The Parliament can abolish or create a Legislative Council if the Legislative Assembly of that state passes a resolution to that effect by a simple majority.
2. A law passed by the Parliament for the creation or abolition of a Legislative Council is not considered an amendment of the Constitution under Article 368.
Which of the statements given above is/are correct?

Question

Accepted Answer

Under Article 169 of the Constitution, the Parliament can abolish or create a Legislative Council if the Legislative Assembly of the concerned state passes a resolution by a special majority (i.e., 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). Hence, statement 1 is incorrect. Such an act of Parliament is passed like an ordinary law and is not deemed to be an amendment of the Constitution for the purposes of Article 368. Hence, statement 2 is correct.

Answer

Answer