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

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

A Legislative Council is created or abolished by Parliament through a law, after the State Legislative Assembly passes a resolution by a special majority. The Governor, Chief Minister or courts cannot create it by themselves, so the process requires both State resolution and parliamentary legislation.

  1. AThe Governor alone can create it by an ordinance
  2. BThe State Assembly passes a resolution by a special majority and Parliament then makes a law to create itCorrect
  3. CThe Supreme Court directs its creation on request of the State Government
  4. DThe Chief Minister creates it by a notification

Explanation

Under Article 169, Parliament may create or abolish a Legislative Council if the State Legislative Assembly passes a resolution by a special majority, namely a majority of total membership and at least two-thirds of members present and voting. Parliament then enacts the law. The Governor, Chief Minister or Supreme Court has no such power.

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