Constitution of India · Part VI: The States · General
Article 169: Abolition or creation of Legislative Councils in States
In plain words
Parliament can by law abolish a State's Legislative Council or create one, if the State's Legislative Assembly passes a resolution for it by a majority of its total membership and at least two-thirds of members present and voting.
- Such a law can amend the Constitution as needed, but is not treated as a constitutional amendment under article 368.
A simplified explanation, prepared with AI assistance from the official text below and checked automatically against it for numbers and cross-references. The official text is the law and prevails over this summary. Not legal advice.
Official 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.
Source: India Code (Legislative Department), the official text of the Constitution of India. As amended up to the Constitution (One Hundred and Sixth Amendment) Act, 2023. Text as on 10 September 2026. Words in square brackets [ ] were inserted or substituted by later amending Acts, and *** marks words omitted by an amendment. The amendment footnotes are not reproduced here. Official text on India Code.
Supreme Court judgments citing the article 169
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Sita Soren v. Union of India
Instant Reference pertains to reconsideration of the correctness of the view of the majority judgment in *PV Narasimha Rao’s case granting immunity from prosecution to a member of the legislature who has allegedly…
- In Re: Article 370 of the Constitution v. .
- Kalpana Mehta and Others v. Union of India and Others
- Raja Ram Pal v. The Honble Speaker, Lok Sabha & Ors.
- State of Karnataka v. Union of India & Another
- His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala
- I. C. Golak Nath & Ors. v. Sta Te of Punjab & Anrs.
- Sajjan Singh v. State of Rajasthan
- Pandit M. S. M. Sharma v. Shri Sri Krishna Sinha and Others
- Sri Sankari Prasad Singh Deo v. Union of India and State of Bihar