Consider the following statements. 1. The Constitution provides for t...
The Constitution provides for the abolition or creation of legislative councils in states. Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect. Such a specific resolution must be passed by the state assembly by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.
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Consider the following statements. 1. The Constitution provides for t...
The correct answer is option 'A' - 1 and 2 only.
Explanation:
1. The Constitution provides for the abolition or creation of legislative councils in states:
The Constitution of India provides for the establishment of legislative councils in states. Article 169 of the Constitution empowers Parliament to either create or abolish legislative councils in states. However, it should be noted that not all states have legislative councils. Currently, only a few states like Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have legislative councils.
2. The Parliament can abolish a legislative council if the legislative assembly of the concerned state passes a resolution to that effect:
According to Article 169, the Parliament can abolish a legislative council if the legislative assembly of the concerned state passes a resolution by a simple majority to that effect. This means that if the legislative assembly of a state passes a resolution seeking the abolition of the legislative council, the Parliament can take action to abolish it. The Parliament has the power to do so because legislative councils are created by an Act of Parliament.
3. Such a specific resolution must be passed by the state assembly by a simple majority:
This statement is incorrect. According to Article 169, a resolution for the creation or abolition of a legislative council must be passed by both houses of the state legislature with a special majority. A special majority means that the resolution must be passed by a majority of the total membership of the house and also by a majority of not less than two-thirds of the members of the house present and voting. This requirement ensures that there is a broad consensus among the members of the state legislature before a decision is taken on the creation or abolition of a legislative council.
To summarize, statement 1 is correct as the Constitution provides for the creation or abolition of legislative councils in states. Statement 2 is correct as the Parliament can abolish a legislative council if the state legislative assembly passes a resolution to that effect. However, statement 3 is incorrect as a specific resolution for the creation or abolition of a legislative council must be passed by both houses of the state legislature with a special majority, not a simple majority.
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