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

Total Questions: 32

1. The 'Contingency Fund' of the State is operated by: [U.P. Lower Sub. (Spl) (Pre) 2004]

Correct Answer: (a) The Governor of the State
Solution:The contingency fund is created as an important account to meet some urgent or unforeseen expenditure of the government. The state contingency fund is placed at the disposal of the governor. Any expenditure incurred from this fund requires subsequent approval from the Parliament and the amount drawn is returned to the fund from the consolidated fund.
  • According to the Constitution, the Parliament is authorized to establish the "Contingency Fund of India" and contribute funds to it at intervals.
  • The India Contingency Fund Act of 1950 formalized this process.
  • The fund's value increased from Rs. 5 crore to Rs. 500 crore in 2005.
  • The President, with Union Cabinet and parliamentary approval, can allocate funds from the Union government's Contingency Fund of India, necessitating a parliamentary vote.
  • The financial secretary manages the President's funds, akin to the Public Account of India.

2. Which one of the following is responsible for establishing 'the Contingency Fund of the State'? [U.P.R.O/A.R.O. (Mains) 2014]

Correct Answer: (a) The Legislature of the State
Solution:The Legislature of a State may by law establish a Contingency Fund like of an imprest to be entitled "the Contingency Fund of the State" into which shall be paid from time to time such sums as may be determined by such law, and the said Fund shall be placed at the disposal of the Governor of the State to enable advances to be made by him out of such fund for meeting unforeseen expenditure pending authorization of such expenditure by the Legislature of the State by law under Article 205 or Article 206 of the Indian Constitution.

A state secretariat is an administrative department that provides staff support and assistance to the governor's office. The state secretariat helps the governor carry out the functions of the executive branch of state government. The State Secretariat has a few main jobs. First, they make new policies and put them into action. They also help different parts of the Government work together by talking to each other and solving problems. They help with the administrative work like keeping records and managing money. They also check to see if the policies are working well and if they need to change anything. Lastly, they work with other states and the central Government to share ideas and work together.

3. Which of the following is correct about the heading of the Article 162 of the Constitution of India? [U.P.P.C.S. (Pre) 2019]

Correct Answer: (d) Extension of Executive Power of State.
Solution:Article 162 has a provision the regarding the extension of executive power of the state. It states that 'subject to the provisions of this constitution, the executive power of a state shall extend to the matters with respect to which the legislature of the state has the power to make laws provided that in any matter with respect to which the legislature of a state and parliament has the power to make laws.

According to Article 162 of Indian Constitution the executive powers of the state are vested in the Governor who exercises these powers either directly or through subordinate officers.

  • The Governor is empowered with the authority to make rules regarding the transactions of the state government and can seek information from the Chief Minister about decisions taken by the Council of Ministers. The Chief Minister is duty-bound to provide such information
  • The Governor may also require the Chief Minister to place the decision of an individual minister before the entire Council for consideration.

4. Match the articles related to State Legislature: [Chhattisgarh P.C.S. (Pre) 2021]

List-IList-II (Article)
(A) Constitution of legislature in States(i) Article 178
(B) The Speaker and Deputy Speaker of the Legislative Assembly(ii) Article 199
(C) Salaries and allowances of members(iii) Article 168
(D) Definition of 'Money Bills'(iv) Article 195

Codes: 

OptionABCD
(a)(i)(ii)(iii)(iv)
(b)(iv)(ii)(i)(iii)
(c)(iii)(i)(iv)(ii)
(d)(ii)(i)(iii)(iv)
Correct Answer: (c)
Solution:The correct match is as following-
DescriptionArticle
Constitution of legislature in StatesArticle 168
The Speaker and Deputy Speaker of the Legislative AssemblyArticle 178
Salaries and allowances of membersArticle 195
Definition of 'Money Bills'Article 199

5. A bill other than Money Bill which is passed by Legislative Assembly for the first time, may remain pending in the legislative council for how many months? [U.P.R.O./A.R.O. (Mains) 2017]

Correct Answer: (c) For not more than three months
Solution:According to Article 197, after a Bill has been passed by the Legislative Assembly of a State it shall be transmitted to the Legislative Council if the state has a Legislative Council. The Legislative Council can withhold the Bill for 3 months without the Bill being passed by it. And, if after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council, it can lay up to 1 month. So in total Legislative Council can detain the ordinary Bill up to 4 months.

6. Which one of the following is the period for the Legislative Council to detain the ordinary bills? [U.P.P.C.S. (Mains) 2005]

Correct Answer: (b) 4 months
Solution:According to Article 197, after a Bill has been passed by the Legislative Assembly of a State it shall be transmitted to the Legislative Council if the state has a Legislative Council. The Legislative Council can withhold the Bill for 3 months without the Bill being passed by it. And, if after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council, it can lay up to 1 month. So in total Legislative Council can detain the ordinary Bill up to 4 months.

7. Who decides whether a bill is a money bill or not in the State? [M.P. P.C.S. (Pre) 2023]

Correct Answer: (c) Speaker of the Vidhan Sabha
Solution:According to Article 197, after a Bill has been passed by the Legislative Assembly of a State it shall be transmitted to the Legislative Council if the state has a Legislative Council. The Legislative Council can withhold the Bill for 3 months without the Bill being passed by it. And, if after a Bill has been so passed for the second time by the Legislative Assembly and transmitted to the Legislative Council, it can lay up to 1 month. So in total Legislative Council can detain the ordinary Bill up to 4 months.

8. In which assembly of States, money Bills are proposed? [M.P.P.C.S. (Pre) 1993]

Correct Answer: (c) Only in Legislative Assembly
Solution:The Money Bills are presented only in the Legislative Assembly in States. Under Article 198(2), the Money Bill transmitted to Legislative Council for its recommendation shall be returned within 14 days and the Legislative Assembly may either accept or reject all or any recommendations of the Legislative Council.

Major powers and functions of legislative assembly:

  • It can create laws on any subject in the State List; it can also create laws on the Concurrent List provided the law does not contradict or conflict any law already made by the Parliament.
  • The Assembly asserts control over the Council of Ministers. Assembly members can question the ministers, move motions and resolutions, and also pass a vote of censure in order to dismiss the state government. The government ministry is collectively accountable to the Legislative Assembly, if the ministry is defeated in the Assembly, it amounts to the passing of a no-confidence vote against the government.
  • The assembly controls the State's finances. A money Bill can emerge from the Assembly and it is considered passed by the LC after a lapse of fourteen days after reference made to it by the Sabha. It could reject or pass the grants or reduce their amount indicating rejection or adoption of the budget and hence, implying victory or defeat of the State Government. Therefore, no tax can be levied or withdrawn without the consent of the Vidhan Sabha.

9. If budget is disclosed before introducing in the Legislative Assembly, what will happen? [Chhattisgarh P.C.S. (Pre) 2016]

Correct Answer: (c) Finance Minister will have to resign.
Solution:Budget is presented by the Finance Minister and officials of the concerned Ministry. A minister takes the oath of office and secrecy. Therefore, if the budget is disclosed before being introduced in the legislative Assembly, the Finance Minister must take responsibility individually and resign. Provision for punishment is mentioned in the Official Secrecy Act, 1923.

Major powers and functions of legislative assembly:

  • It can create laws on any subject in the State List; it can also create laws on the Concurrent List provided the law does not contradict or conflict any law already made by the Parliament.
  • The Assembly asserts control over the Council of Ministers. Assembly members can question the ministers, move motions and resolutions, and also pass a vote of censure in order to dismiss the state government. The government ministry is collectively accountable to the Legislative Assembly, if the ministry is defeated in the Assembly, it amounts to the passing of a no-confidence vote against the government.
  • The assembly controls the State's finances. A money Bill can emerge from the Assembly and it is considered passed by the LC after a lapse of fourteen days after reference made to it by the Sabha. It could reject or pass the grants or reduce their amount indicating rejection or adoption of the budget and hence, implying victory or defeat of the State Government. Therefore, no tax can be levied or withdrawn without the consent of the Vidhan Sabha.

10. No money Bill can be introduced in Assembly of a State, except on the recommendations of - [U.P.P.C.S. (Pre) 2012]

Correct Answer: (b) The Governor of the State
Solution:According to Article 207(1), a Bill or amendment making provision for any of the matters specified in sub-clause (a) to (f) of clause (1) of Article 199 shall not be introduced or moved except on the recommendation of the Governor, and a Bill making such provision shall not be introduced in a Legislative Council.

Major powers and functions of legislative assembly:

  • It can create laws on any subject in the State List; it can also create laws on the Concurrent List provided the law does not contradict or conflict any law already made by the Parliament.
  • The Assembly asserts control over the Council of Ministers. Assembly members can question the ministers, move motions and resolutions, and also pass a vote of censure in order to dismiss the state government. The government ministry is collectively accountable to the Legislative Assembly, if the ministry is defeated in the Assembly, it amounts to the passing of a no-confidence vote against the government.
  • The assembly controls the State's finances. A money Bill can emerge from the Assembly and it is considered passed by the LC after a lapse of fourteen days after reference made to it by the Sabha. It could reject or pass the grants or reduce their amount indicating rejection or adoption of the budget and hence, implying victory or defeat of the State Government. Therefore, no tax can be levied or withdrawn without the consent of the Vidhan Sabha.