Article 169 of the Costitution of India with Case law
📘 Article 169 of the Constitution of India – Abolition or Creation of Legislative Councils in States
🔹 Text of Article 169:
(1) Notwithstanding anything in Article 168, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members present and voting.
(2) Any law made by Parliament under clause (1) shall not be deemed to be an amendment of this Constitution for the purposes of Article 368.
🧾 Explanation:
Article 169 allows flexibility in the federal structure regarding whether a state should have a bicameral (two houses) or unicameral (one house) legislature.
Legislative Councils (Vidhan Parishads) are optional for states.
To create or abolish a Legislative Council:
The Legislative Assembly must pass a special resolution.
Parliament must then enact a law based on that resolution.
Such a law is not treated as a constitutional amendment under Article 368, making the process easier.
🏛️ States Currently Having Legislative Councils (as of 2024):
Andhra Pradesh
Telangana
Uttar Pradesh
Maharashtra
Bihar
Karnataka
⚖️ Important Case Laws on Article 169:
🔹 1. K.K. Aboo v. Union of India, AIR 1965 Ker 229
Facts: Challenge to the abolition of the Legislative Council in Andhra Pradesh.
Held: The procedure under Article 169 was validly followed.
Parliament’s power under Article 169 is subject to the will of the State Assembly but not judicially reviewable if the conditions are met.
🔹 2. R.C. Poudyal v. Union of India, 1994 Supp (1) SCC 324
Though not directly on Article 169, the Supreme Court upheld the idea of asymmetric federalism and allowed differential legislative structures for states.
Reinforced the notion that bicameralism is not mandatory, and Article 169 allows for such variation.
🔹 3. State of Uttar Pradesh v. Pradhan Sangh Kshettra Samiti, AIR 1995 SC 1512
Confirmed that legislative procedure under Article 169 was followed properly in U.P.
The Supreme Court upheld the legitimacy of parliamentary legislation made under Article 169.
📝 Key Takeaways:
Article 169 allows the creation or abolition of Legislative Councils in states by a two-step process involving:
State Legislative Assembly Resolution (with special majority).
Parliamentary law.
It provides constitutional flexibility to states.
Laws made under Article 169 are not constitutional amendments (as per Article 368).
The bicameral legislature is optional, unlike the Centre where Rajya Sabha is mandatory.
📊 Process Flow under Article 169:
✅ State Legislative Assembly passes resolution (2/3rd majority of members present & voting + majority of total strength).
📜 Parliament passes a law enabling creation or abolition of the Legislative Council.
🏛️ Law comes into effect, altering the state's legislative structure.
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