Who / Which of the following can abolish a State Legislative Council?

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OPSC ASO (GK) 27 Aug 2022 Official Paper
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  1. Parliament
  2. Governor
  3. President
  4. State Assembly

Answer (Detailed Solution Below)

Option 1 : Parliament
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Detailed Solution

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The correct answer is Parliament.

Key Points

  • The power to create or abolish a State Legislative Council is vested in the Parliament of India.
  • Article 169 of the Indian Constitution deals with the abolition or creation of State Legislative Councils.
  • The process begins with the State Legislative Assembly passing a resolution by a special majority.
  • Once the resolution is passed, the Parliament can act on it by enacting a law to either abolish or create the State Legislative Council.

Additional Information

  • Governor: The Governor does not have the authority to create or abolish a State Legislative Council. The Governor's role is limited to granting assent or withholding assent to bills passed by the state legislature or reserving them for the President’s consideration.
  • President: The President plays no direct role in the creation or abolition of a State Legislative Council. However, the President’s assent is required for the Parliamentary bill related to the matter.
  • State Assembly: While the State Legislative Assembly can initiate the process by passing a resolution, it cannot by itself abolish or create a State Legislative Council. The final decision lies with the Parliament.
  • State Legislative Council: This is the upper house in some states, similar to the Rajya Sabha at the central level. It is a permanent body, and its abolition or creation requires a specific process as mentioned above.
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