RAS Pre 2021, held on 27 October 2021. Question text as printed in RPSC's booklet; answer as per RPSC's final answer key.

Which of the following statement about resolution adopted by a State Legislative Assembly under Article 169 of the Constitution of India for the abolition of the State Legislative Council is correct?

Q: What is the answer to RAS Pre 2021 Q27?

(2). Correct — option (2), It does not impose an obligation on the Union Government to take action for initiating legislative in Parliament. Article 169(1) reads: "Parliament may by law 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". Two things follow from the wording. The Assembly's resolution is a condition: Parliament can act only if it is passed, by a majority of the total membership and two-thirds of those present and voting. And the power is permissive. Parliament may make the law; the Article sets no duty on Parliament, or on the Union Government, to bring the legislation. Rajasthan shows the gap between the two steps. PRS Legislative Research records that the Rajasthan Assembly passed a resolution to create a Legislative Council on April 18, 2012, and that the Rajasthan Legislative Council Bill, 2013 was introduced in the Rajya Sabha on August 6, 2013 and referred to a Standing Committee. Option (2) fits the Article: It does not impose an obligation on the Union Government to take action for initiating legislative in Parliament.

(1)It does impose an obligation on the Governor to reserve resolution for the consideration of the President.
(2)It does not impose an obligation on the Union Government to take action for initiating legislative in Parliament.
(3)It does not impose an obligation on the Governor to reserve resolution for the consideration of the President.
(4)It does impose an obligation on the Union Government to take action for initiating legislation in Parliament.

Answer

(2)

Why

Correct — option (2), It does not impose an obligation on the Union Government to take action for initiating legislative in Parliament.

Article 169(1) reads: "Parliament may by law 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".

Two things follow from the wording. The Assembly's resolution is a condition: Parliament can act only if it is passed, by a majority of the total membership and two-thirds of those present and voting.

And the power is permissive. Parliament may make the law; the Article sets no duty on Parliament, or on the Union Government, to bring the legislation.

Rajasthan shows the gap between the two steps. PRS Legislative Research records that the Rajasthan Assembly passed a resolution to create a Legislative Council on April 18, 2012, and that the Rajasthan Legislative Council Bill, 2013 was introduced in the Rajya Sabha on August 6, 2013 and referred to a Standing Committee.

Option (2) fits the Article: It does not impose an obligation on the Union Government to take action for initiating legislative in Parliament.

Why the others are wrong

(1)
It does impose an obligation on the Governor to reserve resolution for the consideration of the President. — Article 169 gives the Governor no step to take on the resolution. The Assembly passes it, and the next move under clause (1) is a law by Parliament.
Reservation for the President is a Governor's option for Bills: Article 200 lets the Governor assent, withhold assent or reserve "the Bill for the consideration of the President". A resolution under Article 169 is not a Bill.
(3)
It does not impose an obligation on the Governor to reserve resolution for the consideration of the President. — Article 169 gives the Governor no step on the resolution, so nothing in its text contradicts this statement. Reservation for the President is a Governor's option for Bills under Article 200, not for resolutions.
The statement is not the one RPSC's final key marks. The key marks option (2), which speaks of the step Article 169 does provide, a law by Parliament, and says the resolution does not compel it.
(4)
It does impose an obligation on the Union Government to take action for initiating legislation in Parliament. — This is the reverse of option (2). Article 169(1) says Parliament may by law abolish or create a Council if the Assembly passes the resolution; it does not say Parliament shall.
The resolution makes the law possible but does not compel it. Rajasthan's 2012 resolution led to a Bill in 2013, which PRS shows referred to a Standing Committee.

Concept

Article 168 sets out which States have two Houses. Article 169 lets Parliament change that: it may by law abolish a State's Legislative Council, or create one, if the State's Legislative Assembly first passes a resolution to that effect.

The resolution needs a special majority: "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".

The law Parliament then makes can amend the Constitution as needed, but Article 169(3) says: "No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of article 368."

So the procedure has two keys: the State Assembly must ask, and Parliament must choose to act. The first does not bind the second.

RPSC's syllabus lists, under Indian Constitution, Political System & Governance, "Federalism, Democratic Politics in India, Coalition Governments, National Integration."

Article 169 is a federal arrangement: Parliament can change whether a State has a Legislative Council, but only at the State Assembly's request.

Rajasthan has used the first step. PRS Legislative Research records the Rajasthan Assembly's resolution of April 18, 2012 to create a Legislative Council with 66 members.

The Rajasthan Legislative Council Bill, 2013 followed in the Rajya Sabha on August 6, 2013. The latest stage shown on PRS's page is a Standing Committee report dated December 9, 2013.

Key facts

Article 169(1): Parliament may by law abolish or create a State's Legislative Council if the State Assembly passes a resolution to that effect.
The resolution needs a majority of the Assembly's total membership and two-thirds of the members present and voting.
Article 169(3): such a law is not deemed an amendment of the Constitution for the purposes of Article 368.
Article 200: the Governor may assent to, withhold assent from, or reserve a Bill for the President's consideration.
PRS: the Rajasthan Assembly resolved on April 18, 2012 to create a 66-member Council; the Bill was introduced in the Rajya Sabha on August 6, 2013.

Abolishing or creating a Legislative Council (Article 169)

State Legislative Assembly→Passes a resolution by special majority — the condition

Union Government / Parliament→May bring and pass a law — no obligation to do so

Parliament's law→Can amend the Constitution as needed; not an Article 368 amendment

The Governor has no listed step on the resolution; reservation under Article 200 is for Bills.

Study next

Composition of Legislative Councils under Article 171Bills that need a State's request or ratification: Articles 169 and 368(2)Governor's options on State Bills under Article 200The Rajasthan Legislative Council Bill, 2013Special majority and simple majority in the Constitution

Common traps

Reading the resolution as a command. Article 169 says Parliament may legislate; the Assembly's resolution is a condition, not a direction.
Carrying the Governor's reservation power over to resolutions. Article 200 speaks of Bills.
Treating a law under Article 169 as a constitutional amendment under Article 368. Article 169(3) says it is not deemed one.

A question can give statements about the effect of an Assembly resolution under Article 169 and ask which is correct, as here.

A question can also ask the majority the resolution needs, or whether the resulting law counts as an amendment under Article 368.

Related PYQs

UnlockIAS will link similar questions from RAS Pre 2018 and 2016 here once those papers are published on this site.

Practice

practice — not a real PYQ
A resolution of a State Legislative Assembly under Article 169 for creating a Legislative Council must be passed by —
- (a)A simple majority of members present and voting
- (b)A majority of the total membership and a majority of not less than two-thirds of the members present and voting
- (c)Two-thirds of the total membership only
- (d)A majority of the total membership only
Answer(2) — Article 169(1) requires both: a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting. Options (1), (3) and (4) each state only one kind of majority, or a different one.
practice — not a real PYQ
A law made by Parliament under Article 169 to abolish a State Legislative Council —
- (a)Must be passed by the special majority under Article 368
- (b)Must be ratified by half the State Legislatures
- (c)Is not deemed an amendment of the Constitution for the purposes of Article 368
- (d)Cannot contain provisions amending the Constitution
Answer(3) — Article 169(3) says no such law shall be deemed an amendment of the Constitution for the purposes of Article 368, so options (1) and (2) do not apply. Article 169(2) lets the law contain provisions amending the Constitution as necessary, so option (4) is wrong.