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The State Legislature

📆 October 21, 2024

Total Questions: 50

1. As per Indian Constitution, Legislature of States consists [41st B.P.S.C. (Pre) 1996]

(1) Legislative Council and Governor

(2) Legislative Assembly and Legislative Council

(3) Legislative Assembly and Governor

(4) Governor, Legislative Assembly and Legislative Council where it exists

Select your answer out of the following codes-

 

Correct Answer: (c) 3 and 4
Solution:According to Article 168, the Legislature of a State consists of Governor, Legislative Assembly, and Legislative Council. Currently, Andhra Pradesh, Bihar, Maharashtra, Karnataka, Telangana and Uttar Pradesh have bicameral Legislatures. Therefore option (3) is correct in respect of States which do not have a legislative council, whereas option (4) is correct with respect to the states which have a Legislative Council.

2. Which is the Upper Chamber of State Legislatures in India? [44th B.P.S.C. (Pre) 2000]

Correct Answer: (a) Legislative Council
Solution:According to Article 168(2), where there are two Houses of the Legislature of a State, one shall be known as the Legislative Council and the other as the Legislative Assembly, where there is only one House, it shall be known as the Legislative Assembly. In the case of two Houses, the Legislative Council would be the Upper House and the Legislative Assembly would be the Lower House.

3. What is the right method to establish or cancel the second chamber in states? [Jharkhand P.C.S. (Pre) 2003]

Correct Answer: (c) Proposal in Legislative Assembly with full majority along with law passed by Parliament
Solution:According to Article 169(1), the 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.

4. Which one of the following legislative House can be abolished? [R.A.S./R.T.S. (Pre) 2016]

Correct Answer: (d) Vidhan Parishad
Solution:According to Article 169(1), the 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.

5. In any State of India, Legislative Council can be created or can be abolished by - [U.P. Lower (Spl) (Pre) 2008, 40th B.P.S.C. (Pre) 1995]

Correct Answer: (c) the Parliament as per Resolution passed by the Legislative Assembly of the State
Solution:According to Article 169(1), the 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.

6. Which Article of the Indian Constitution provides the provision of Vidhan Parishad in the State? [M.P.P.C.S. (Pre) 2014]

Correct Answer: (b) Article 171
Solution:Option (b) is correct as the provisions relating to the composition of the Legislative Council is given under Article 171, while the creation and abolition of the Legislative Council are given under Article 169 of the Constitution.

7. Under which one of the following Articles of the Indian Constitution, the Legislative Assembly is allowed to resolve for the creation of the Legislative Council? [U.P.P.C.S. (Pre) 2011]

Correct Answer: (b) 169
Solution:According to Article 169(1), the 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.

8. The provisions for creation and abolition of Legislative Councils in any State is included in Indian Constitution under - [U.P.P.C.S.(Pre) 2013, U.P. Lower Sub. (Mains) 2015]

Correct Answer: (b) Article 169
Solution:According to Article 169(1), the 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.

9. Procedure for creation of Legislative Councils in States has been described in which Article of the Constitution? [U.P.P.C.S. (Mains) 2007]

Correct Answer: (d) Article 169
Solution:According to Article 169(1), the 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.

10. Which of the following statement about resolution adopted by a State Legislative Assembly under Article 169 of the Constitution of India for the abolition of the State Legislative Council is correct? [R.A.S./R.T.S. (Pre) 2021]

Correct Answer: (b) It does not impose an obligation on the Union Government to take action for initiating legislative in Parliament.
Solution:Article 169 is related to abolition or creation of Legislative Councils in States. As per Art. 169, 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. However, it does not impose an obligation on the Union Government to take action for initiating legislative in Parliament. Hence, option (2) is correct.
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