Constitution of India

Article 169 – Abolition or creation of Legislative Councils in States.

The Constitution of India is the fountainhead from which all our laws derive their authority and force. This is next Article in the series on constitutional provisions in order to aid our readers in understanding them.


169. Abolition or creation of Legislative Councils in States.—(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 of the Assembly present and voting.
(2) Any law referred to in clause (1) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.

(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368.
Draft article 148A was introduced by Dr. Ambedkar in the Constituent Assembly on 30 July, 1949. It proposed that after article 148 the following new article be inserted:

“148A. Abolition or creation of Legislative Councils in States.—(1) Notwithstanding anything contained in article 148 of this Constitution, Parliament may by law provide for the abolition of the Legislative Council of a State having such a Council or for the operation 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 of the Assembly present and voting.

(2) Any law referred to in clause (1) of this article shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such incidental and consequential provisions as Parliament may deem necessary.

(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purpose of article 304 thereof.”
Shibban Lal Saxsena moved two amendments that in clause (1) of the proposed new article 148A, the words “Notwithstanding anything contained in article 148 of this Constitution” be deleted and proviso be added to clause (1).

Saxsena said that in his amendment, he had provided that once a resolution under this article was brought before a Assembly, due notice of it must be given. No such resolution should be considered by the Legislative Assembly in any State, nor any corresponding Bill discussed in Parliament unless at least fourteen days’ notice of the same had been given. It was quite possible that a resolution might be passed without adequate notice. It was quite possible that unless a fortnight’s notice of such a vital amendment was given, some Members might be absent during its consideration for want of notice.

H.V. Kamath moved an amendment that in clause (1) of the proposed new article 148A, the words “or for the creation of such a Council in a State having no such Council” be deleted.

Sardar Hukam Singh moved an amendment that clause (3) of the proposed new article 148A be deleted.4
When put to vote, all the amendments were negatived and draft article 148A as proposed was adopted. At the revision stage, it was renumbered and became article 169 of the Constitution.

Source: Subhash C Kashyap, Constitutional Law of India, Universal

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