Consider the following statements regarding the Legislative Council (Vidhan Parishad) of a state:
1. The Legislative Assembly of the state can pass a resolution for its creation or abolition by a simple majority.
2. The actual strength of a Legislative Council is determined by the Parliament by law.
Which of the statements given above is/are correct?

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Accepted Answer

Under Article 169, the Parliament can create or abolish a Legislative Council if the State Legislative Assembly passes a resolution supported by a special majority (a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting), not a simple majority. Thus, statement 1 is incorrect. Under Article 171, while the Constitution sets the limits (minimum 40, maximum 1/3rd of the Assembly's strength), the actual composition and strength are laid down by Parliament by law. Thus, statement 2 is correct.

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