The State Legislature (Indian Polity and Governance) Part-I

Total Questions: 50

31. The provision for the representation of Anglo-Indian Community in the Legislative Assemblies of the States has been made in the Constitution of India under - [Chhattisgarh P.C.S. (Pre) 2014]

Correct Answer: (d) Article 333
Solution:In the question period, there was a provision under Article 333 of the Indian constitution that the Governor of a state may, if he is of the opinion that the Anglo-Indian Community needs representation in the Legislative Assembly and is not adequately represented therein, nominate one member of that community to the Assembly. The arrangements of nominating representatives of the Anglo-Indian community in the state Legislative Assemblies have not been extended beyond the stipulated date (25 January, 2020) by 'The constitution (One Hundred and Fourth Amendment) Act, 2019.

32. Which state among the following has the maximum number of members in Legislative Assembly? [U.P. U.D.A./L.D.A. (Pre) 2006]

Correct Answer: (d) Uttar Pradesh
Solution:In the given options Uttar Pradesh has the maximum number of members (403) in the Legislative Assembly.
  • The Legislative Assembly, commonly known as Vidhan Sabha, or the lower House of the State Legislature, is elected directly by people in the State, on the basis of the system of adult franchise, for a period of 5 years.
  • Article 170(1) provides that the Legislative Assembly of each State shall consist of not more than 500 and not less than 60 members.
  • For electing the members, the State is divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, same throughout the State. It is required with the object of maintaining uniformity in the scale of representation of the different constituencies.
  • The Constitution provides for the reservation of seats in the Legislative assemblies of the States for the Scheduled Castes and the Scheduled Tribes

33. Which one of the following Indian States has the largest number of members in its State Legislature? [65th B.P.S.C. (Pre) 2019]

Correct Answer: (b) Himachal Pradesh
Solution:
StateSeats in Legislative Assembly
Arunachal Pradesh60
Himachal Pradesh68
Manipur60
Meghalaya60

34. Which one of the following pairs is NOT correctly matched? [U.P.P.C.S. (Pre) 2022]

StateMembers in the Legislative Assembly
(a) Goa40
(b) Uttarakhand70
(c) Manipur62
(d) Uttar Pradesh403
Correct Answer: (c)
Solution:In Manipur, members of Legislative assemblies are 60. Thus option (c) is not correct.
  • The Legislative Assembly, commonly known as Vidhan Sabha, or the lower House of the State Legislature, is elected directly by people in the State, on the basis of the system of adult franchise, for a period of 5 years.
  • Article 170(1) provides that the Legislative Assembly of each State shall consist of not more than 500 and not less than 60 members.
  • For electing the members, the State is divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, same throughout the State. It is required with the object of maintaining uniformity in the scale of representation of the different constituencies.
  • The Constitution provides for the reservation of seats in the Legislative assemblies of the States for the Scheduled Castes and the Scheduled Tribes.

35. Which Union Territory formed after division of Jammu and Kashmir State does not have a legislature of its own? [67th B.P.S.C. (Pre), 2022]

Correct Answer: (c) Ladakh
Solution:On 5th August, 2019, Jammu and Kashmir became a union territory with a legislature and Ladakh became a union territory without a legislature, which means J&K and Ladakh will now have separate Lieutenant Governors.
  • The Legislative Assembly, commonly known as Vidhan Sabha, or the lower House of the State Legislature, is elected directly by people in the State, on the basis of the system of adult franchise, for a period of 5 years.
  • Article 170(1) provides that the Legislative Assembly of each State shall consist of not more than 500 and not less than 60 members.
  • For electing the members, the State is divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, same throughout the State. It is required with the object of maintaining uniformity in the scale of representation of the different constituencies.
  • The Constitution provides for the reservation of seats in the Legislative assemblies of the States for the Scheduled Castes and the Scheduled Tribes

36. Who conducts the State Assembly Elections? [U.P.P.C.S. (Mains) 2008]

Correct Answer: (c) Election Commission of India.
Solution:According to Article 324, the Election Commission of India conducts the elections of State Assemblies.
  • The Legislative Assembly, commonly known as Vidhan Sabha, or the lower House of the State Legislature, is elected directly by people in the State, on the basis of the system of adult franchise, for a period of 5 years.
  • Article 170(1) provides that the Legislative Assembly of each State shall consist of not more than 500 and not less than 60 members.
  • For electing the members, the State is divided into territorial constituencies in such manner that the ratio between the population of each constituency and the number of seats allotted to it shall, so far as practicable, same throughout the State. It is required with the object of maintaining uniformity in the scale of representation of the different constituencies.
  • The Constitution provides for the reservation of seats in the Legislative assemblies of the States for the Scheduled Castes and the Scheduled Tribes

37. Who among the following is the final authority to decide any question relating to disqualification of a Member of a House of Legislature of a State? [U.P.P.C.S. (Mains) 2016]

Correct Answer: (a) Governor
Solution:Decision on Question as to Disqualifications of Members (Article 192):
  • Clause (1) of 192 provides: "If any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in Clause (1) of Article 191, the question shall be referred for the decision of the Governor and his decision shall be final".
  • However, Clause (2) requires that the Governor, before giving any decision on any such question, is required to obtain the opinion of the Election Commission and to act according to such opinion.
  • As to disqualifications on the ground of defection, Para 6 of the 10th Schedule provides that the question shall be referred to the Presiding Officer of the House, whose decision shall be final.
  • Article 192 is applicable only to disqualifications to which a member becomes subject after he is elected as such. As regards the disqualifications which arose long before his election, neither the Governor nor the Election Commission, has jurisdiction under Article 192.
  • Such a matter can only be raised in an election petition before the Court.

38. Final decision on question as to disqualification of members of a Legislative Assembly is taken by - [Chhattisgarh P.C.S. (Pre) 2011]

Correct Answer: (b) Governor
Solution:According to Article 192, if any question arises as to whether a member of a House of the Legislature of a State has become subject to any of the disqualifications mentioned in clause (1) of Article 191, the question shall be referred to the decision of the Governor and his decision shall be final. Before giving any decision on any such question, the Governor shall take the opinion of the Election Commission and shall act according to such opinion.

39. If the Speaker of Legislative Assembly of a State wants to resign, he will give his resignation to - [40th B.P.S.C. (Pre) 1995]

Correct Answer: (c) Deputy Speaker
Solution:According to Article 179(b), if the Speaker of the Legislative Assembly of a State wants to resign, he/she will give his resignation to the Deputy Speaker of that State's Legislative Assembly.

Facts about Speaker & Deputy Speaker:
1. A Speaker vacates his office if he ceases to be a member of the Assembly.
2. He may also resign his office at any time.
3. A speaker may be removed from office by a resolution of the Assembly passed by a majority of all the then members of the Assembly after fourteen days' notice of the intention to move such a resolution.
4. Speaker does not vacate his office on the dissolution of the Assembly.
5. He continues to be the Speaker until immediately before the first sitting of the Assembly after the dissolution.
6. While the office of the Speaker is vacant, the Deputy Speaker performs his duties.
7. The duties and powers of the Speaker are, broadly speaking the same as those of the Speaker of the House of the People (Lok Sabha).

40. Consider the following statements : [I.A.S. (Pre.) 2018]

1. The Speaker of the legislative Assembly shall vacate his/her office if he/she ceases to be a member of the BIOS Assembly.

2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately.

Which of the statements given above is/are correct?

Correct Answer: (a) 1 only
Solution:*The speaker is elected by the assembly itself from amongst it members. Usually the speaker remains in office during the life of the assembly. He however vacates his office earlier in any of the following three cases-

(a) If he ceases to be a member of the assembly.

(b) If he resigns by writing to the deputy speaker.

(c) If he is removed by a resolution passed by a majority.

(d) Article 179 of the Indian constitution deals with the va- cation, resignation and removal of Speaker and Deputy Speaker of an Assembly. According to Article 179(c), "Whenever the Assembly is dissolved, the speaker shall not vacate his office until immediately before the first meeting of the assembly after the dissolution."