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1. Structure of State Legislatures: Unicameral vs Bicameral (basic)

In the federal structure of India, the State Legislature is the primary law-making body at the provincial level. While the Parliament at the center is always bicameral (having two houses—the Lok Sabha and the Rajya Sabha), the Indian Constitution provides flexibility to the states. A state can choose to have either one house (Unicameral) or two houses (Bicameral) Indian Constitution at Work (NCERT), Legislature, p.102.

A Unicameral legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). In a Bicameral legislature, an additional house called the Legislative Council (Vidhan Parishad) is established. While the Assembly represents the people directly through elections, the Council serves as a revisory body, similar to the Rajya Sabha at the national level. Currently, there is no uniformity across India; most states are unicameral, and only six states currently maintain a bicameral system Indian Polity, M. Laxmikanth, State Legislature, p.334.

The power to create or abolish a Legislative Council rests with the Parliament under Article 169. However, the process must be initiated by the state itself. The State Legislative Assembly must pass a resolution requesting the creation or abolition of the Council. This resolution requires a special majority: a majority of the total membership of the Assembly AND a majority of not less than two-thirds of the members present and voting Indian Polity, M. Laxmikanth, State Legislature, p.335.

Feature	Unicameral System	Bicameral System
Composition	Governor + Legislative Assembly	Governor + Assembly + Legislative Council
Prevalence	22 States (majority)	6 States
Creation	Default structure	Created by Parliament via Art. 169

An interesting constitutional nuance is that while the creation or abolition of a Council changes the structure of the state's government, the law passed by Parliament for this purpose is not considered a Constitutional Amendment under Article 368. It is treated as an ordinary piece of legislation, which simplifies the procedural requirements at the Central level.

Sources: Indian Constitution at Work (NCERT), Legislature, p.102; Indian Polity, M. Laxmikanth, State Legislature, p.334; Indian Polity, M. Laxmikanth, State Legislature, p.335

2. Composition and Membership of the Legislative Council (basic)

To understand the **Legislative Council (Vidhan Parishad)**, we must first look at how it is built. Unlike the Legislative Assembly, where you and I vote directly, the Council is a house of **indirect election** and **nomination**. The Constitution designers wanted this house to be a body of experts and local representatives that complements, but does not overpower, the directly elected Assembly Laxmikanth, M. Indian Polity, State Legislature, p.336.

The **strength** of the Council is not fixed at a single number for every state. Instead, it follows a flexible formula based on the size of that state's Assembly:

• Maximum Strength: It cannot exceed one-third (1/3rd) of the total membership of the state's Legislative Assembly.
• Minimum Strength: It cannot be less than 40 members.

This ensures the Council remains a smaller, secondary chamber. While the Constitution sets these limits, the actual number of members for a specific state is determined by **Parliament** Laxmikanth, M. Indian Polity, State Legislature, p.336.

The membership is a unique blend of five different "streams" of society. This diversity is achieved through the system of **Proportional Representation by means of a Single Transferable Vote (PR-STV)** Introduction to the Constitution of India, D. D. Basu, The Union Legislature, p.244. Here is how the seats are distributed:

Proportion	Electorate / Appointing Authority
1/3	Elected by members of local bodies (Municipalities, District Boards, etc.).
1/3	Elected by the MLAs (from among persons who are not members of the Assembly).
1/12	Elected by graduates of three years' standing residing in the state.
1/12	Elected by teachers (of at least secondary school level) with three years' experience.
1/6	Nominated by the Governor from people with special knowledge or practical experience.

Sources: Laxmikanth, M. Indian Polity, State Legislature, p.336; Introduction to the Constitution of India, D. D. Basu, The Union Legislature, p.244

3. Legislative Powers: Council vs Rajya Sabha (intermediate)

To understand the State Legislative Council, we must contrast it with the Rajya Sabha. While both are 'Upper Houses,' their constitutional teeth are very different. The Rajya Sabha is a permanent body representing the federal character of India, enjoying substantial powers that are almost equal to the Lok Sabha in many areas. In contrast, the Legislative Council is designed to be a subordinate, deliberative body. Its very survival is precarious; unlike the Rajya Sabha, which cannot be abolished, the Council can be created or abolished by Parliament if the State Assembly passes a specific resolution Laxmikanth, M. Indian Polity, Chapter 33, p.334. This reflects a core democratic tenet: the directly elected representatives of the people must have the final say in governance and finance NCERT Class XI, Indian Constitution at Work, Chapter 5, p.110. When it comes to legislation, the Council’s power is primarily dilatory (meant to delay rather than block). For Ordinary Bills, if a deadlock occurs in Parliament, the President can summon a joint sitting. However, the Constitution provides no mechanism for a joint sitting in the state legislature Laxmikanth, M. Indian Polity, Chapter 33, p.345. If the Council rejects a bill, the Assembly can simply pass it again. The Council can delay the bill for 3 months in the first instance and 1 additional month after the second passage—a total maximum delay of four months, after which the bill is deemed passed Laxmikanth, M. Indian Polity, Chapter 33, p.342. Regarding Money Bills, the Council is as limited as the Rajya Sabha; it must return the bill within 14 days, and the Assembly is free to accept or reject any recommendations D. D. Basu, Introduction to the Constitution of India, Chapter 22, p.284. Ultimately, the Council cannot stall the will of the Assembly for long, nor can it remove the government through a No-Confidence Motion, as the Council of Ministers is responsible only to the Legislative Assembly.

Feature	Rajya Sabha (Upper House - Center)	Legislative Council (Upper House - State)
Deadlock Resolution	Joint Sitting of both Houses.	No Joint Sitting; Assembly overrides Council.
Max Delay (Ordinary Bill)	Can stall until a Joint Sitting is called.	Maximum 4 months (3 + 1).
Constitutional Status	Permanent body; cannot be abolished.	Can be abolished by Parliament via Art 169.

Sources: Indian Polity, M. Laxmikanth, Chapter 33: State Legislature, p.334, 342, 345; Indian Constitution at Work, NCERT Class XI, Chapter 5: Legislature, p.110; Introduction to the Constitution of India, D. D. Basu, Chapter 22: The State Legislature, p.284

4. The Governor's Role in the State Legislature (intermediate)

In the architecture of Indian governance, the Governor occupies a unique position. Much like the President at the Union level, the Governor is an integral part of the State Legislature (Article 168), even though they are not a member of either House. This means that no bill can become law without the Governor's involvement. However, when it comes to the existence of the Legislative Council (Vidhan Parishad) itself, the Governor’s role is surprisingly limited compared to their other legislative powers.

Regarding the creation or abolition of a Legislative Council under Article 169, the Governor is essentially bypassed. The constitutional process is a direct 'conversation' between the State Assembly and the Union Parliament. The Assembly passes a resolution by a special majority, and the Parliament then enacts a law. Crucially, the Governor’s recommendation is not a prerequisite for this process, nor do they have the power to veto such a resolution Laxmikanth, M. Indian Polity, State Legislature, p. 334.

Once a Council exists, the Governor's primary interaction with it occurs through the legislative process. Under Article 200, when a bill is passed by both the Assembly and the Council, it is presented to the Governor. The Governor has four distinct choices: giving assent, withholding assent, returning the bill for reconsideration (if it is not a Money Bill), or reserving the bill for the President's consideration D.D. Basu, Introduction to the Constitution of India, The State Executive, p. 272. A critical distinction is that while the Governor can dissolve the Legislative Assembly, they have no power to dissolve the Legislative Council, as it is a permanent chamber.

Feature	Legislative Assembly (Vidhan Sabha)	Legislative Council (Vidhan Parishad)
Governor's Dissolution Power	Can dissolve the House at any time.	Cannot dissolve; it is a permanent body.
Governor's Nominations	No longer nominates (104th Amendment).	Nominates 1/6th of members from fields like Art, Science, and Social Service.
Role in Creation/Abolition	Passes the initiating resolution.	No formal role in its own creation or death.

Sources: Indian Polity, M. Laxmikanth, Chapter 33: State Legislature, p.334; Introduction to the Constitution of India, D. D. Basu, The State Executive, p.272

5. Procedure for Creation and Abolition (Article 169) (exam-level)

In India, having a second chamber at the state level (the Vidhan Parishad) is a matter of choice for the state itself. Article 169 of the Constitution provides a unique mechanism for the creation or abolition of a Legislative Council. This process is essentially a federal handshake: the state expresses its desire, and the Parliament gives it legal effect. Unlike the creation of new states (Article 3), where the President's recommendation is needed, the process for a Council is initiated solely by the State Legislative Assembly Laxmikanth, M. Indian Polity, Chapter 33: State Legislature, p. 334.

The procedure involves two distinct stages. First, the State Legislative Assembly must pass a resolution requesting the creation or abolition. This resolution requires a special majority: it must be supported by a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting Indian Constitution at Work, NCERT, Chapter: Election and Representation, p. 69. Once this resolution is sent to the Centre, the Parliament may then pass an Act to implement the change. Interestingly, while the Assembly needs a special majority, the Parliament only needs to pass the law by a simple majority (like any ordinary piece of legislation).

Stage	Authority	Majority Required
Initiation	State Legislative Assembly	Special Majority (Total + 2/3rd P&V)
Enactment	Parliament	Simple Majority

A critical legal nuance is that any law passed by Parliament for this purpose is not considered a Constitutional Amendment under Article 368 Laxmikanth, M. Indian Polity, Chapter 33: State Legislature, p. 335. This means it doesn't require the more rigorous amendment procedures. Furthermore, the Governor has no formal role in recommending this process; the power rests entirely with the elected representatives in the Assembly and the Parliament.

Sources: Indian Polity, M. Laxmikanth(7th ed.), Chapter 33: State Legislature, p.334-335; Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.), Election and Representation, p.69

6. Legal Status of Article 169 Laws (exam-level)

When we discuss the creation or abolition of a Legislative Council (Vidhan Parishad), the legal procedure is a fascinating study of federal cooperation. Under Article 169 of the Constitution, the process begins at the state level. The Legislative Assembly of the state must pass a resolution requesting the creation or abolition of the Council. This resolution requires a high threshold: a special majority, which means a majority of the total membership of the Assembly AND a majority of not less than two-thirds of the members present and voting Indian Polity, M. Laxmikanth, Chapter 33, p. 334.

Once this resolution is passed, the ball moves to the Parliament's court. Here is the critical legal distinction: although the Parliament has the power to enact a law to give effect to this request, it is not mandatory for them to do so. More importantly, even though such a law technically alters the text of the Constitution (as it changes the list of states with bicameral legislatures), Article 169(3) explicitly states that such a law is not to be deemed an amendment of the Constitution for the purposes of Article 368 Indian Polity, M. Laxmikanth, Chapter 33, p. 335.

Because it is not treated as an amendment under Article 368, the Parliament can pass this law using a simple majority (the same process used for ordinary bills) rather than the rigid special majority usually required for constitutional changes Indian Polity, M. Laxmikanth, Chapter 10, p. 258. This allows the structural framework of a state legislature to be flexible enough to meet changing administrative needs without the arduous process of a formal constitutional amendment.

Step	Authority	Majority Required
Initiation/Resolution	State Legislative Assembly	Special Majority (Total + 2/3rd P&V)
Final Enactment	Parliament	Simple Majority (Ordinary Law)

Sources: Indian Polity, M. Laxmikanth, Chapter 33: State Legislature, p.334-335; Indian Polity, M. Laxmikanth, Chapter 10: Amendment of the Constitution, p.258

7. Solving the Original PYQ (exam-level)

This question brings together your understanding of Article 169 and the delicate balance of power between the Union and the States. The building blocks you recently studied—specifically the types of majorities and the distribution of legislative powers—converge here to show that the creation or abolition of a Legislative Council is a unique, two-step federal process. As you move from theory to application, remember that while the Parliament holds the final legislative authority, the State Legislative Assembly acts as the necessary catalyst. According to M. Laxmikanth's Indian Polity, this process ensures that a second chamber is not imposed upon a state against its will, nor can a state unilaterally alter its legislative structure without central approval.

To arrive at the correct answer, (C) Parliament after the state assembly passes the resolution of that effect, follow the constitutional logic: first, the State Assembly must express a clear intent by passing a resolution with a special majority (a majority of the total membership and at least two-thirds of those present and voting). Only after this specific condition is met does the Parliament gain the jurisdiction to pass a law for creation or abolition. Crucially, this parliamentary law is treated as an ordinary law and is not considered an amendment to the Constitution under Article 368, even though it technically alters the state's structural framework.

UPSC often uses the roles of constitutional heads as "distractors" to test your precision. Options (A) and (D) are classic traps involving the Governor; while the Governor is part of the State Legislature, they have no formal role in recommending the creation or abolition of the Council under Article 169. Option (B) is a trap designed to test your knowledge of federalism—the Parliament cannot act alone or suo motu in this matter, as that would undermine the autonomy of the state. By identifying that the power is contingent upon the state's initiation, you can confidently eliminate the alternatives.