Consider the following statements Legislative Council is a permanent house like Rajya Sabha therefor...........

Rajasthan Polity and Governance

Download Solution PDF

Consider the following statements:

Legislative Council is a permanent house like Rajya Sabha, therefore it can not be dissolved
The power to create a Legislative Council lies with the respective state legislature

Which of the above statements is/are incorrect?

1 only

2 only

Both 1 and 2

Neither 1 nor 2

छोटे Courses बड़े Results

Master Polity and Governance

Prepare through Micro-courses

Try Now

Explanation:

Legislative Council is the upper house in the state and like the Rajya Sabha, it is a permanent House.

While Legislative Council is a permanent House like the Rajya Sabha, it can be dissolved.

Under Article 169 of the Indian constitution, Parliament may create or abolish the Council in a state if the Legislative Assembly of that state passes a resolution to that effect by a special majority.

Therefore, option 1 is incorrect

The Parliament can abolish a Legislative Council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.

The process, therefore, can be initiated by the concerned state Legislative Assembly but the final authority lies with the Parliament.

Therefore, option 2 is also incorrect