West Bengal Legislative Assembly passes a resolution for the creation of Legislative Council

Recently, the West Bengal Legislative Assembly has passed a resolution for the creation of a Legislative Council in the state under Article 169 of the Indian Constitution. Article 169 of the Constitution deals with the abolition or creation of Legislative Councils in States. A resolution under Article 169 is to be passed by a majority of not less than two-thirds of the members of the Assembly present and voting. Out of 265 members present in the assembly, 196 members voted in favour of the resolution while 69 voted against it. A law under Article 169 is not deemed to be a Constitutional Amendment under Article 368 of the Indian Constitution. 

Presently, six States- Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh- have a Legislative Council. The total number of members in the Legislative Council of a State shall not be more than one-third of the total number of members in the Legislative Assembly of that State and not less than forty members.

Earlier West Bengal had a Legislative Council in 1952 but then it was abolished in the year 1969 by the coalition government as according to them it was considered as a symbol of elitism. Now, the Legislative Council in West Bengal will come into existence when the resolution is acknowledged by the Governor and a bill to this effect passed by the Parliament.

Similarly, last year Andhra Pradesh Legislative Assembly passed a resolution for the abolition of the Legislative Council in the State; however, the same has not been passed by the Parliament. While Jammu and Kashmir Legislative Council was abolished through Jammu & Kashmir Reorganization Act, 2019.