Is creation or abolition of Legislative Council a constitutional amendment?

When a legislative council is created or abolished, the Constitution of India is also changed. However, still, such type of law is not considered a Constitution Amendment Bill under Article 368. The resolution to create and abolish a state legislative council is to be assented by the President also.

Who can recommend abolition or creation of the Legislative Council in a state?

the Parliament of India
According to the Article 169 of the Constitution of India, the Parliament of India can create or abolish the State Legislative Council of a state if that state’s legislature passes a resolution for that with a special majority.

Which one of the following legislative house can be abolished?

The correct answer is Vidhan Parishad. The power of abolition and creation of the State legislative council is vested in the Parliament of India as per article 169.

What is the procedure required to be followed for the abolition of an existing Legislative Council in a state?

(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 …

What is the Council of State of the Parliament?

The Council of State was the upper house of the legislature for British India (the Imperial Legislative Council) created by the Government of India Act 1919 from the old Imperial Legislative Council, implementing the Montagu–Chelmsford Reforms. The Central Legislative Assembly was the lower house.

On what grounds the Legislative Council are justified How is it created or abolished in a State?

Parliament may create or abolish, depending upon the wish of the legislative assembly concerned. To pass such resolution, majority of the total membership of the Assembly and the majority of not less than two-third of the members present and voting is necessary.

On what grounds the legislative council are justified How is it created or abolished in a state?

In which year was Legislative Council abolished in Tamilnadu?

Thereafter, Tamil Nadu Legislative Council(Abolition) Bill, 1986 was passed by both the Houses of Parliament and received the assent of the president on the 30th August 1986. The Act came into force on the 1st November 1986. The Tamil Nadu Legislative Council was thus abolished with effect from the 1st November 1986.

Which one of the following can be abolished by an Act of Parliament but not dissolved?

The correct answer is Legislative Council. Lok Sabha: Lok Sabha is the lower house of the parliament and is called the house of people. Rajya Sabha is a permanent house and is not subject to dissolution while the Lok Sabha has a five-year term, and is subject to dissolution at the end of its term.

Can the Houses of Parliament be dissolved in India?

The President summons both the Houses (the Lok Sabha and the Rajya Sabha) of the Parliament and prorogues them. They also have the power to dissolve the Lok Sabha pursuant to Article 85(2)(b). When Parliament is dissolved, all bills pending within the Lok Sabha lapse.

What is the procedure to amend the Constitution of India?

An amendment of the Constitution can be initiated only by the introduction of a Bill in either House of Parliament. The Bill must then be passed in each House by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting.

Which of the following institutions has the final power of deciding on the composition of the upper house of the state legislature?

The correct answer is Parliament. Composition of Upper House of the State legislature: The maximum strength of the council is fixed at one-third of the total strength of the state assembly and the minimum strength is fixed at 40.

How can the Constitution be amended?

An amendment of the Constitution can be initiated only by the introduction of a bill for the purpose in either House of Parliament and not in the state legislatures. The bill can be introduced either by a minister or by a private member and does not require prior permission of the president.

What is the role of state legislatures in the amendment process?

State legislatures cannot initiate any Bill or proposal for amendment of the Constitution. They are associated in the process of the amendment only through the ratification procedure laid down in article 368, in case the amendment seeks to make any change in any of the provisions mentioned in the proviso to article 368.

Is there a time limit for ratification of a constitutional amendment?

Although there is no prescribed time limit for ratification, it must be completed before the amending Bill is presented to the President for his assent. Every constitutional amendment is formulated as a statute.

What are the rules for amendment of the Constitution by private members?

A Bill for amendment of the Constitution by a Private Member is governed by the rules applicable to Private Members’ Bills in general. The period of one month’s notice applies to such a Bill also.