Article 169: how a state can create or abolish a Legislative Council
A polity guide to Article 169, including the special resolution required in a state Assembly and Parliament’s role.
Article 169 allows Parliament to create or abolish a state Legislative Council if the state Legislative Assembly first passes a resolution by the required special majority.
The constitutional route
Article 169 allows Parliament by law to create a Legislative Council in a state that does not have one, or abolish a Council in a state that has one. The process begins with a resolution in the state Legislative Assembly.
The resolution must be passed by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of members present and voting. This is a special-majority formula.
What Parliament does
After the Assembly adopts the required resolution, Parliament may enact the law to create or abolish the Council. The resolution does not itself change the state legislature; Parliament’s law is required.
A Legislative Council is the upper house in a state with a bicameral legislature. Do not confuse Article 169 with Article 168, which describes state legislatures, or Article 170, which concerns Legislative Assemblies.
Editorial disclosure
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Frequently asked questions
Which article deals with creating or abolishing a State Legislative Council?
Article 169.
Does the Assembly resolution alone create the Council?
No. Parliament must pass a law after the Assembly adopts the required resolution.