Understanding Article 169 of the Indian Constitution

Article 169 of the Constitution of India is a significant provision that deals with the structure of the state legislatures. Specifically, it provides the framework and procedure for either abolishing an existing Legislative Council in a state or creating one where it does not currently exist.

Detailed Explanation of Article 169

The process outlined in Article 169 involves both the State Legislative Assembly and the Parliament of India:

• The Legislative Assembly of a state must pass a resolution supporting the abolition or creation of the Legislative Council. This resolution requires a special majority, meaning it must be passed 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.
• Once the state legislative assembly passes such a resolution, the Parliament can then pass a law to either abolish or create the Legislative Council in that state.
• Any law passed by Parliament for this purpose is not considered an amendment to the Constitution under Article 368, although it must contain necessary provisions for amending the Constitution to give effect to the law.

This process highlights the cooperative federalism aspect, where both the state legislature and the central Parliament play roles in determining the existence of a Legislative Council in a state.

Analyzing the Options

Let's examine why the other options are not the correct answer according to the provisions of the Constitution:

• Specifies the number of seats for the Rajya Sabha: Article 169 does not deal with the composition or seat allocation of the Rajya Sabha (Council of States). The number of seats allocated to each state and Union Territory in the Rajya Sabha is specified in the Fourth Schedule of the Constitution.
• All India Services: Article 169 is not concerned with All India Services. The power to create new All India Services is vested with the Parliament under Article 312 of the Constitution, which requires a resolution passed by the Rajya Sabha with a special majority.

Therefore, based on the specific provisions of Article 169, the correct function it provides for is the abolition or creation of Legislative Councils in states.

The question asks what Article 169 of the constitution makes provision for. As discussed, Article 169 lays down the procedure for creating or abolishing the Legislative Council in a state. This involves a resolution by the state legislature followed by a law enacted by Parliament.

Hence, Article 169 explicitly provides for the abolition or creation of Legislative Councils in state.

Revision Table: Key Constitutional Articles

Additional Information: State Legislative Councils

A State Legislative Council (Vidhan Parishad) is the upper house in the bicameral legislatures of states in India. Not all states have a Legislative Council. Currently, only a few states have them.

• Composition: The size of the Legislative Council cannot be more than one-third of the total strength of the State Legislative Assembly, and not less than 40 members (with some exceptions). Members are elected through various methods, including local bodies, graduates, teachers, and nominations by the Governor.
• Powers: Legislative Councils have less power compared to Legislative Assemblies. In case of a disagreement on ordinary bills, the final power rests with the Assembly. Money bills can only originate in the Assembly.
• Purpose: They are often seen as a revising body and a platform for distinguished individuals who might not want to participate in direct elections.

The existence of a Legislative Council in a state is not mandatory and depends on the decision taken through the procedure laid down in Article 169.