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CMA Foundation · Fundamentals of Business Laws and Business Communication · Legislative Process in India

A State has a Legislative Council in addition to its Legislative Assembly. Which statement about the creation or abolition of a Legislative Council is correct?

A State Legislative Council is created or abolished by Parliament through law, after the State Legislative Assembly passes a resolution by a special majority. The Governor or Chief Minister cannot do it alone, and unanimity is not required.

  1. AParliament may create or abolish it by law after the State Legislative Assembly passes a resolution by the prescribed special majorityCorrect
  2. BThe Governor may create or abolish it by issuing an ordinance
  3. CThe Chief Minister may abolish it by an executive order
  4. DIt can be abolished only by a unanimous vote of all State legislators

Explanation

Under Article 169, Parliament can create or abolish a State Legislative Council by ordinary law, provided the State Legislative Assembly first passes a resolution by a special majority (majority of total membership and two-thirds of members present and voting). The Governor and Chief Minister have no such power. Unanimity is not required.

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