UPPSC PCS - 2013

Under which one of the following articles of Indian Constitution, the provision of creation or abolition of Legislative Councils in States is made?

Year Asked: 2013

A
Article 168
B
Article 169
C
Article 170
D
Article 171

Correct Answer

B. Article 169

Detailed Explanation

The correct answer is B) Article 169. Article 169 lets Parliament create or abolish a Legislative Council in a state by ordinary law. The process starts in the state, though. The Legislative Assembly must first pass a resolution by a special majority: a majority of its total membership and at least two-thirds of members present and voting. Parliament then passes the law by simple majority.

Why the others are wrong:

  • Article 168 defines which bodies make up a state legislature (the Governor plus one or two Houses), not how a Council is created or abolished.
  • Article 170 deals with the composition and term of the Legislative Assembly.
  • Article 171 deals with the composition of the Legislative Council, including its elected, nominated and graduate or teacher members.

Core concept: creating or abolishing a second chamber is a Parliament-led process that still involves the state's own consent. For Mains, this shows how the Constitution balances state autonomy against central control over structural changes. Tamil Nadu's Council was abolished in 1986 through this route.

Trap: candidates pick Article 171 because it describes the Council's composition, confusing what the Council looks like with how it is created or abolished.

This question appeared in UPPCS 2013 GS Paper 1.

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