Question

Q. To create the Legislative Council in states, which kind of majorities have been prescribed by the Constitution in the State Assembly and the Parliament?

• A. A simple majority in the state assembly and special majority in the parliament
• B. Special majority in both the state assembly and the parliament
• C. Simple majority in the parliament and special majority in the state assembly
• D. Simple majority in both the state assembly and the parliament

Answer 1

The correct option is C Simple majority in the parliament and special majority in the state assembly

Explanation:

• Article 169 of The Constitution of India deals with the Abolition or creation of Legislative Councils in States.
• It says that- Notwithstanding anything in Article 168, Parliament may by law (simple majority) provide for the abolition of the Legislative Council of a State having such a Council or for the creation of such a Council in a State having no such Council, if the Legislative Assembly of the State passes a resolution to that effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting.
• It also specifies that - No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368. Hence, the correct answer is option (c).