Political Science, asked by Twet7677, 1 year ago

What type of majority is need formation of legislative council in india?

Answers

Answered by kmodi2222
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The Legislative Council or the Vidhan Parishad is the Upper Chamber of the State Legislature. Union Parliament has the power’ to create or abolish the Legislative Council in various states on the basis of resolutions adopted by special majority in the Assemblies.

Article 169 states: Abolition or creation of Legislative Councils in States

(1) Notwithstanding anything in Article 168, 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 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

(2) Any law referred to in clause ( 1 ) shall contain such provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary

(3) No such law as aforesaid shall be deemed to be an amendment of this Constitution for the purposes of Article 368

 

As mentioned in the constitution the total membership of the Legislative Council shall not be less than forty and more than one third of the total number of members of the Legislative Assembly of the concerned state.

All the members of the Legislative Council are either indirectly elected or nominated by the Governor. Let us take a look at the way the Legislative Council is constituted.

a) One-third of the members of this House are elected by the Legislative Assembly from amongst persons who are not its members.

b) One-third of its members “are elected by the local bodies like Munici­palities or District Boards or any other local authority as specified by the law of the Parliament.

c) One-twelfth of the members are elected by graduates of at least three years standing.

d) One-twelfth of the members are elected by teachers of secondary schools having at least three years experience.

e) About one-sixth of the members are nominated by the Governor from among persons possessing. Special knowledge and experience in the field of art, science, literature, social service and cooperative movement.

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