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THE CONSTITUTION, MADE UNDERSTANDABLE

Article 169
Abolition or creation of Legislative Councils in States

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26 Parts12 Schedules506 indexed article entries, including historical omissions
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Source edition: as on 1 May 2026. Omitted and struck-down reference entries remain labelled. Open the authoritative PDF ↗

Article 169 / Part VI

Abolition or creation of Legislative Councils in States

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Plain languageOfficial textPurpose & sources
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THE PLAIN-LANGUAGE GUIDE

What does this mean?

Parliament can create or abolish a State Legislative Council after the Assembly passes the required special resolution. Such a law is not treated as an Article 368 amendment merely because it changes the constitutional arrangements specified here.

State Governors, ministers, legislatures, High Courts and the subordinate judiciary.

IN EVERYDAY LIFE · ILLUSTRATIVE EXAMPLE

A State Assembly vote favouring a Council does not by itself complete the parliamentary creation process.

PURPOSE & CONTEXT

Why is this provision here?

A State can seek a change in its second chamber through a safeguarded Assembly resolution and subsequent parliamentary law.

Historical evidence

This Article number belongs to the original constitutional framework, but its present wording may include later amendments or substitutions. A provision-specific original Assembly debate has not been verified here. The explanation of function above is editorial inference from the text, not an attributed single motive of the framers. The original draft-making archive is a research resource, not proof of a particular historical reason.

The explanation of purpose is an editorial reading of the provision. A drafting motive is attributed only where a linked historical source supports it.

Limits, exceptions & reading carefully

Educational summary of the linked source text. Exceptions, provisos, implementing laws and applicable judgments must be read before applying it to a real case.

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Read the official constitutional text
169. 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.
Source-page notes · may concern neighbouring Articles

2. The words "Tamil Nadu" ins. by the Tamil Nadu Legislative Council Act, 2010 (16 of 2010), s. 3 (date to be notified). 2. Subs. by the Andhra Pradesh Reorganisation Act, 2014 (6 of 2014), s. 96, for "Tamil Nadu" (w.e.f. 1-6-2014). 3. Subs. by the West Bengal Legislative Council (Abolition) Act, 1969 (20 of 1969), s. 4 for "Uttar Pradesh and West Bengal" (w.e.f. 1-8-1969). 4. Subs. by the Constitution (Seventh Amendment) Act, 1956, s. 9, for art, 170 (w.e.f. 1-11-1956).

Extracted from the Legislative Department’s May 2026 edition. Page footnotes may refer to neighbouring provisions; check their markers in the PDF. Inclusion in this edition does not by itself establish commencement or judicial effect.