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The Constitution, Made Understandable.

Article 169

Abolition or Creation of Legislative Councils

Official heading: “Abolition or creation of Legislat ive Councils in States.”

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Source edition
The Constitution of India (as on 1 May 2026)
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Part VI, Article 169, printed page 76
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1. In One Sentence

Article 169 empowers Parliament by law to abolish or create a Legislative Council in a State, upon a special-majority resolution passed by its Legislative Assembly.

2. What It Means in Everyday Language

Article 169 provides a flexible constitutional mechanism enabling States to either introduce or dissolve an upper chamber (Legislative Council) without requiring a formal constitutional amendment under Article 368.

The process begins in the State: the Legislative Assembly must pass a resolution by a special majority—a majority of the total membership of the Assembly and a majority of not less than two-thirds of the members present and voting.

Following such a resolution, Parliament may enact a statute abolishing or creating the Legislative Council. Clause (3) expressly specifies that such a parliamentary statute is not deemed an amendment of the Constitution for the purposes of Article 368.

3. Practical Illustrative Example

Everyday Scenario:

A State with a unicameral assembly decides to establish a Legislative Council to enable broader representation of educators, graduates, and civic leaders.

Core takeaway: Under Article 169, the Assembly must pass a resolution with a two-thirds majority of members present and voting, followed by an ordinary law enacted by Parliament.
Illustrative Notice: Passing an Assembly resolution does not automatically bind Parliament to enact the law; parliamentary discretion remains.

4. Important Limits, Qualifications & Exceptions

Article 169 provides a constitutional mechanism for altering State legislative chambers.

  • Special majority prerequisite in the State Legislative Assembly.
  • Parliamentary legislative discretion: Final enactment requires an Act of Parliament.
  • Exempt from Article 368: Enacted as ordinary legislation despite altering the constitutional text.
  • Supplemental powers: Parliament may enact incidental and transitional provisions.

5. Operative Constitutional Text

(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.
Transcription for reference; compare with the linked official editionNot yet verified by a human legal reviewer

6. Sources & Historical Assembly Deliberations

Assembly quotations are withheld until wording, dates, and attribution have been checked against the primary record.

Sources & Citation Metadata
  • •
    Constitutional TextThe Constitution of India (as on 1 May 2026)Cited PDF page
    Government of India (Legislative Department, Ministry of Law and Justice) • Part VI, Article 169, printed page 76 • Human source-link check pending

    Primary PDF accessed and transcribed with AI assistance on 14 October 2026. Formatting and amendment annotation markers are omitted; operative wording is retained. This is not human legal review. Later amendments and commencement notifications have not been comprehensively checked.

Human legal review is pending; compare the text with the cited editionNon-partisan educational resource

Related Constitutional Articles to Explore:

Go to ARTICLE 168 →Go to ARTICLE 171 →Go to ARTICLE 170 →