Article 169

Article 169 of the Constitution of India provides the constitutional mechanism for the creation and abolition of Legislative Councils in the States. It establishes a framework through which the States may choose between a unicameral and a bicameral legislature, ensuring flexibility within the federal structure of governance. This provision enables adaptation of legislative structures in response to the administrative and political needs of individual States while maintaining Parliamentary oversight.

Background and Constitutional Context

The Indian Constitution initially established a bicameral legislature only in certain States, while allowing others to function with a single legislative chamber. Article 169 serves as an enabling provision, allowing the structure to be altered depending on State preference. The idea originated from debates in the Constituent Assembly, where members recognised that the need for a second chamber might vary across States due to differences in population, area, and administrative requirements.
Bicameralism at the State level was considered a means of ensuring more detailed scrutiny of legislation, with the Legislative Council acting as a revisory body. However, it was also recognised that smaller or less populous States might find the maintenance of a second chamber unnecessary or financially burdensome. Article 169 thus provided a balanced solution, combining State initiative with Parliamentary approval.

Constitutional Provisions under Article 169

Clause (1): Power of ParliamentParliament has the power to create or abolish a Legislative Council in a State, but this authority can only be exercised after the State Legislative Assembly passes a resolution to that effect. The resolution must be supported by:

• A majority of the total membership of the Assembly; and
• Not less than two-thirds of the members present and voting.

This high threshold ensures that such a decision reflects a broad consensus within the State Legislature rather than a narrow political majority. Once the resolution is passed, Parliament may enact a law to implement the decision.
Clause (2): Amendments and ProvisionsAny law made by Parliament under Article 169 must contain necessary amendments to the Constitution to give effect to the change. It may also include supplemental, incidental, and consequential provisions to facilitate the transition—such as arrangements regarding members, finances, and procedural adjustments.
Clause (3): Exception to Article 368Significantly, Article 169(3) provides that laws made under this article are not considered constitutional amendments under Article 368. Thus, they do not require the special procedure applicable to constitutional amendments, making the process relatively simpler and more flexible.

Nature and Role of Legislative Councils

The Legislative Council (Vidhan Parishad) functions as the upper house or second chamber of a State Legislature. Its composition is partly indirectly elected and partly nominated, designed to represent different interests within society, such as teachers, graduates, local authorities, and distinguished individuals.
The functions of the Council include:

• Reviewing and revising bills passed by the Legislative Assembly;
• Providing expert opinion and continuity in the legislative process;
• Acting as a moderating body to prevent hasty legislation.

However, the Council has limited powers in financial matters—Money Bills can only be introduced in the Assembly, and the Council cannot amend or reject them, only suggest modifications.

Supreme Court Interpretations

Several judicial decisions have clarified the scope and intent of Article 169:

• K. K. Verma v. Union of India (1954): Affirmed that Parliament’s power under Article 169 is conditional upon the State Assembly’s resolution and cannot be exercised independently.
• State of Bihar v. Union of India (1970): Validated the abolition of the Bihar Legislative Council, confirming that the constitutional procedure under Article 169 had been properly followed.
• Indira Gandhi v. Raj Narain (1975): Although not directly on Article 169, the case reaffirmed the supremacy of legislative procedure and the importance of adherence to constitutional processes in legislative matters.

These judgements collectively underline that Article 169 functions as a collaborative mechanism between the Union and the States, embodying the federal principle of shared legislative authority.

Historical and Contemporary Context

After the adoption of the Constitution, several States opted for Legislative Councils. Over time, political and administrative considerations led some States to abolish them. For example:

• West Bengal Legislative Council was abolished in 1969.
• Punjab Legislative Council was abolished in 1969.
• Andhra Pradesh Legislative Council was abolished in 1985, later reconstituted in 2007.

As of the present, the following States have bicameral legislatures:

• Uttar Pradesh
• Bihar
• Maharashtra
• Karnataka
• Andhra Pradesh
• Telangana

Other States continue with a unicameral system, finding it more efficient for their governance needs.

Legislative Process for Creation or Abolition

The process begins in the State Legislative Assembly, which must adopt a resolution under Article 169(1). Once the resolution is passed, Parliament enacts a law giving effect to the decision. Examples include:

• The Andhra Pradesh Legislative Council Act, 2005, which reconstituted the Council; and
• The Tamil Nadu Legislative Council (Abolition) Bill, 1986, though not passed by Parliament, demonstrating that final authority rests with Parliament even after the State’s resolution.

Significance and Implications

Article 169 highlights the flexibility and cooperative nature of Indian federalism. It allows States to tailor their legislative framework to their political, administrative, and financial realities. The process preserves the autonomy of the States while ensuring Parliamentary sanction, maintaining the constitutional balance between the Centre and the States.