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

Total Questions: 32

11. According to which Article of Constitution of India, the Chief Minister is appointed by the Governor of a State? [Uttarakhand P.C.S. (Pre) 2016]

Correct Answer: (b) Article 164
Solution:According to Article 164(1), the Chief minister shall be appointed by the Governor.

The Governor serves as the chief executive head of a state. However, like the President at the national level, the Governor acts as a titular or nominal head (constitutional head). Additionally, the Governor functions as an agent of the central government, giving the office a dual role.
While each state usually has its own Governor, the 7th Constitutional Amendment Act of 1956 allows the same person to be appointed as Governor for two or more states. Though primarily a nominal head of the state executive, the Governor holds considerable influence in the state's polity through various executive, legislative, and judicial powers.

12. Which one of the following statements about the Chief Minister of a State is not correct? [U.P. U.D.A./L.D.A. (Spl) (Pre) 2010]

Correct Answer: (c) The Governor has to exercise all his functions on the advice of the Chief Minister.
Solution:According to Article 163(i) the Constitution of India, there shall be a Council of Ministers with the Chief Minister at its head to aid and advise the Governor in the exercise of his functions except in so far as he is by or under this Constitution required to exercise his functions or any of them in his discretion. om

The Governor serves as the chief executive head of a state. However, like the President at the national level, the Governor acts as a titular or nominal head (constitutional head). Additionally, the Governor functions as an agent of the central government, giving the office a dual role.
While each state usually has its own Governor, the 7th Constitutional Amendment Act of 1956 allows the same person to be appointed as Governor for two or more states. Though primarily a nominal head of the state executive, the Governor holds considerable influence in the state's polity through various executive, legislative, and judicial powers.

13. What can be the minimum strength of Council of Ministers including Chief Minister in the States? [U.P. P.C.S. (Pre) 2020]

Correct Answer: (b) 12
Solution:Article 164(1) (A) of the Constitution of India provides for the number of ministers in the States. According to this Article, the total number of ministers, including the Chief Minister, in the Council of Ministers in a state shall not exceed fifteen per cent of the total number of members of the Legislative Assembly of that State. This article also stated that the number of ministers, including the Chief Minister in a State should not be less than twelve.

14. Which one of the following statements about the Chief Minister is not correct? [U.P. U.D.A./L.D.A. (Mains) 2010]

Correct Answer: (a) He is normally selected by the Governor.
Solution:According to Article 164(1), the Chief Minister shall be appointed by the Governor and the other Ministers shall be appointed by the Governor on the advice of the Chief Minister, and the Ministers shall hold office at the pleasure of the Governor. The Chief Minister and other Ministers are not selected by the Governor. Thus option (a) is incorrect.

15. How long can a Minister continue without being elected to the State Assembly? [Chhattisgarh P.C.S. (Pre) 2003, M.P.P.C.S. (Pre) 2003]

Correct Answer: (b) Six Months
Solution:According to Article 164(4), a Minister can continue for six consecutive months without being elected to Legislature of the State and shall, at the expiration of that period cease to be a Minister.

Qualifications of Members of Legislative Assembly
A person shall not be qualified to be selected to occupy a seat in the Legislature of a State unless he/she
(a) is an Indian citizen;
(b) is 25 years or above for Legislative Assembly, and is 30 or above for Legislative Council, and
(c) possess such other qualifications as may be prescribed by the Parliament.
Thus, the Representation of the People Act, 1951, has provided that a person shall not be elected either to the Legislative Assembly or the Council unless he is himself an elector for any Legislative Assembly constituency in that State. A person can be disqualified for being selected as and for being a member of the Legislative Assembly or Legislative Council of a State if he/she
(a) holds an office of profit under GOI or any State Government, other than that of a Minister at the centre or any state or an office declared by a law of the State not to disqualify its holder (many States have passed such laws declaring certain offices to be offices the holding of which does not disqualify its holder for being a member of the Legislature of that States)
(b) is mentally unsound as declared by a competent Court
(c) is an undischarged insolvent
(d) is not an Indian citizen or has voluntarily got the citizenship of a foreign State or is under any acknowledgement of adherence/allegiance to a foreign nation
(e) is so disqualified by or under any law made by Parliament

16. Consider the following statements : [I.A.S. (Pre) 2020]

1. According to the Constitution of India, a person who is eligible to vote can be made a minister in a State for six months even if he/she is not a member of the Legislature of that State.

2. According to the Representation of People Act, 1951, a person convicted of a criminal offence and sentenced to imprisonment for five years is permanently disqualified from contesting an election even after his release from prison.

Which of the statements given above is/are correct?

Correct Answer: (d) Neither 1 nor 2
Solution:Provision for qualification for membership of the State Legislature comes under Article 173 of the Indian Constitution. According to this Article, a person shall not be qualified to be chosen in the legislature of a state unless he -

(a). is a citizen of India.

(b). is in the case of the Legislative Assembly, not less than twenty-five year of age and in the case of Legislative Council not less than thirty years of age, and

(c). possesses such other qualifications as may be prescribed in that behalf by or under any law made by Parliament.

Hence, statement 1 is wrong. According to the Representation of People Act 1951, a person convicted of any offence and sentenced to imprisonment for not less than two years shall be disqualified from the date of such conviction and shall continue to be disqualified for a further six years from his release. So this is not permanent. Hence statement 2 is also wrong. So the correct answer is an option (d).

17. Pay and allowances of the Ministers of a State Government are determined by the - [U.P.P.C.S. (Spl) (Mains) 2008]

Correct Answer: (d) State Legislative Assembly
Solution:According to Article 164(5), the salaries and allowances of the Ministers shall be such as the Legislature of the State may from time to time by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.i

The Chief Minister advises the Governor on the appointment of the Council of Ministers, meaning the Governor can only appoint those individuals recommended by the Chief Minister. Ministers serve at the discretion of the Governor.
While the Council of Ministers is typically appointed from the state legislature, either the legislative assembly or council, a person who is not yet a member can also be appointed. However, such a minister must join either House within six months, or he/she will lose ministerial position..

18. Select the Constitutional Duties of the Chief Minister from the following by using the code given below: [R.A.S./R.T.S. (Pre) 2013]

1. The Chief Minister communicates to the Governor all decisions of the Council of Ministers related to the administration of the affairs of the state.

2. The Chief Minister communicates to the Governor the proposals for legislation.

3. The Chief Minister participates in the meetings of National Development Council.

4. The Chief Minister submits for the consideration of the Council of Ministers any matter on which decision has been taken by a Minister but which has not been considered by the council if the Governor requires.

Correct Answer: (d) (1), (2) and (4)
Solution:According to Article 167, the duties of the Chief Minister of each State is to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and if the Governor so requires, to submit for the consideration of the Council of Ministers. The Participation of the Chief Minister in NDC's meetings is his administrative duty, not a Constitutional duty.

19. Which Article of the Constitution defines the duties of the Chief Minister? [U.P. Lower Sub. (Mains) 2013]

Correct Answer: (d) Article 167
Solution:According to Article 167, the duties of the Chief Minister of each State is to communicate to the Governor of the State all decisions of the Council of Ministers relating to the administration of the affairs of the State and proposals for legislation; to furnish such information relating to the administration of the affairs of the State and proposals for legislation as the Governor may call for; and if the Governor so requires, to submit for the consideration of the Council of Ministers. The Participation of the Chief Minister in NDC's meetings is his administrative duty, not a Constitutional duty.

20. In the following questions, there are two statements. One is labelled as Assertion (A) and other is labelled as Reason (R) : [Chhattisgarh P.C.S. (Pre) 2021]

Assertion (A): The courts are barred from enquiring into the advice rendered by the ministers to the Governor.

Reason (R) : There is no provision in the Indian Constitution for the system of legal responsibility of the ministers in the States.

In the context of the above two statements which of the following is correct?

Correct Answer: (b) Both Assertion (A) and Reason (R) are true but Reason (R) is not correct explanation of Assertion (A).
Solution:The courts are barred from enquiring into the advice rendered by the ministers to the Governor. Article 163(3) defines of whethor any, and if so what, advice was tendered by ministers to the governor shall not be inquired into court. As per Article 164(2), of Indian Constitution, the council of ministers shall be collectively responsible to the Legislative Assembly of the State.

Legislative Procedure
The Parliamentary procedure followed in the Assembly and the Council is the same as in Parliament.
1. The State Legislature must meet at least twice a year and the interval between any two sessions should not be more than six months.
2. The Governor delivers the opening address at the beginning of a new session in which he outlines the policy of the State Government.
3. Any Bill may be introduced in either House of the Legislature except a Money Bill, which can be introduced only in the Assembly. It has to go through three readings, after which it goes to the Governor for his assent. The Governor may send it back for reconsideration but once it is passed again by the Legislature, he cannot withhold his assent.
4. He may reserve certain Bills for the consideration of the President, who may ask him to place it before the Legislature for reconsideration. When it is passed again with or without amendment it goes to the President for his consideration.
5. The President is not bound to give his assent even though the Bill has been considered and passed for a second time by the State Legislature. In case the Assembly is dissolved before a Bill is passed, or it is passed by the Assembly but is pending before the Council, it will lapse.
6. But in case of Bils which have been duly passed by the Assembly, if there is only one House in the State, and by the Assembly and the Council where there are two House, and is awaiting the assent of the Governor or the President it does not lapse.
7. A bill which has been returned either by the Governor or the President for reconsideration can be considered and passed by the newly constituted Assembly, even though the Bil was originally passed by the dissolved House