Procedure for Creation and Abolition of Legislative Council in States:

Article 169 of the Indian Constitution outlines the procedure for the creation (establishment) or abolition of a Legislative Council (Vidhan Parishad) in a state. India currently has six states with a bicameral legislature, meaning they have both a Legislative Assembly (Vidhan Sabha) and a Legislative Council.

1. Resolution by State Legislative Assembly: The process begins with the State Legislative Assembly passing a resolution for the creation or abolition of the Council. This resolution must be passed by a special majority, which means:

   • A majority of the total membership of the Assembly (i.e., more than 50% of the total strength of the Assembly), AND
   • A majority of not less than two-thirds of the members of the Assembly present and voting.

2. Parliamentary Approval: Once the State Assembly passes such a resolution, it is then sent to the Parliament of India. The Parliament can then pass a law to create or abolish the Legislative Council. This law is passed by a simple majority in both Houses of Parliament (Lok Sabha and Rajya Sabha).

3. Constitutional Amendment (Not Required): It's important to note that a law passed by Parliament under Article 169 for the creation or abolition of a Legislative Council is not considered an amendment to the Constitution under Article 368. This means it can be passed by a simple majority and does not require the more stringent special majority and ratification by states that a constitutional amendment typically demands.

Reasons for Andhra Pradesh State Assembly's Resolution to Abolish its Legislative Council:

In January 2020, the Andhra Pradesh State Assembly passed a resolution to abolish its Legislative Council. The primary reasons cited by the Y.S. Jagan Mohan Reddy-led YSR Congress Party government were:

1. Obstruction of Bills: The government alleged that the Legislative Council, where the opposition Telugu Desam Party (TDP) had a majority, was obstructing crucial bills passed by the Assembly, particularly those related to the government's policy of having three capital cities for the state. The Council referred these bills to select committees or delayed their passage, creating legislative gridlock.
2. Financial Burden: The government argued that the Legislative Council was an unnecessary financial burden on the state exchequer, costing crores of rupees annually, without serving a significant purpose or contributing effectively to the legislative process.
3. Lack of Purpose/Effectiveness: The government contended that the Council had failed to fulfill its intended role as a house of elders providing considered review and debate, instead acting as a political tool for the opposition to impede the government's agenda.

In essence, the Andhra Pradesh government viewed the Legislative Council as an impediment to its legislative agenda and an avoidable expenditure, leading to its decision to seek its abolition.