Consider the following statements regarding formation of Legislative Council in a State 1 A resoluti...........

Indian Polity State Executive

Consider the following statements regarding formation of Legislative Council in a State:

1. A resolution must be passed in State Assembly by majority of total membership of assembly and two thirds of members present and Voting.

2. The Act of Parliament to constitute a Legislative Council is deemed as a Constitutional Amendment under article 368.

Which of the above statements are correct?

1 only

2 only

Both

None

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Explanation:

The Constitution provides for the abolition or creation of legislative councils in states. Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect. Such a specific resolution must be passed by the state assembly by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting. This Act of Parliament is not to be deemed as an amendment of the Constitution for the purposes of Article 368 and is passed like an ordinary piece of legislation (i.e., by simple majority).