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The State Legislature

📆 October 21, 2024

Total Questions: 50

11. With reference to the composition of the Legislative Council in a state of India, which of the following statement/s is/are correct? [U.P.P.C.S. (Pre.) 2023]

(1) In the Legislative Council there may not be more than one-third members of the total membership of the Legislative Assembly of that state.

(2) The Legislative Council of a state must have at least forty members in it.

Select the correct answer from the code given below :

Code:

 

Correct Answer: (a) Both (1) and (2)
Solution:As per Article 171, The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State : Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty. Hence Option (a) is the correct answer.

12. Consider the following statements: [I.A.S. (Pre) 2015]

1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.

2. The Governor of a State nominates the Chairman of Legislative Council of that particular State.

Which of the statements given above is/are correct?

 

Correct Answer: (d) Neither 1 nor 2
Solution:Article 170(1) of the Indian Constitution provides that subject to the provisions of Article 333, the Legislative Assembly of each state shall consist of not more than 500 and not less than 60 members. Article 171(1) of the Constitution provides that the total member of the Legislative Council shall not exceed 1/ 3rd of the total numbers of member in the Legislative Assembly Article 176 (1) - At the Assembly of state, but shall in no case be less than 40. Article 182 of the Constitution provides that the Chairman and Deputy Chairman of Legislative Council shall be chosen by Legislative Council of the State. Thus both the statements are wrong.

13. How many members are nominated in the Legislative Council of Uttar Pradesh by the State Governor? [Chhattisgarh P.C.S. (Pre) 2011]

Correct Answer: (a) 1/10 of the total members
Solution:According to article 171(3), after Considering the given electorates, the reminder shall be nominated by the Governor from amongst persons having special knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social service. But Article 171 (2) provided that until Parliament by law otherwise Provides, the composition of the Legislative council of a state shall be as provided in clause (3). Presently the structure of the legislative councils in the states is under the provisions of section 10 and schedule 3 of 'The Representation of people Act, 1950' (as amended from time to time) made by Parliament under Article 171 (2). Under the provisions of this Act, out of the total 100 members of the Legislative council of Uttar Pradesh, only 10 members are nominated by the governor. In addition to Uttar Pradesh, nearly 1/7 in Andhra Pradesh, nearly 1/6 in Bihar, nearly 1/7 in Karnataka and nearly 1/7 members of Telangana Legislative council are nominated by the Governor.

14. The number of nominated members in the Legislative Council is [U.P. P.C.S. (Mains) 2017]

Correct Answer: (d) None of the above
Solution:According to article 171(3), after Considering the given electorates, the reminder shall be nominated by the Governor from amongst persons having special knowledge or practical experience in fields such as literature, science, arts, the co-operative movement and social service. But Article 171 (2) provided that until Parliament by law otherwise Provides, the composition of the Legislative council of a state shall be as provided in clause (3). Presently the structure of the legislative councils in the states is under the provisions of section 10 and schedule 3 of 'The Representation of people Act, 1950' (as amended from time to time) made by Parliament under Article 171 (2). Under the provisions of this Act, out of the total 100 members of the Legislative council of Uttar Pradesh, only 10 members are nominated by the governor. In addition to Uttar Pradesh, nearly 1/7 in Andhra Pradesh, nearly 1/6 in Bihar, nearly 1/7 in Karnataka and nearly 1/7 members of Telangana Legislative council are nominated by the Governor.

15. What is correct about State Legislative Council? [Chhattisgarh P.C.S. (Pre) 2014, 2015]

(i) Its tenure is 6 years

(ii) It is a permanent House

(iii) It can not be dissolved

(iv) 1/6 members are elected by local institutions

(v) 1/6 members are elected by legislative assembly

(vi) Every two years 1/3 members are retired

(vii) Deputy Governor is the Chairman of House

(viii) The tenure of its members is 6 years

Code:

Option A B C D
(a) (i) (iii) (iv) (v)
(b) (iii) (vi) (vii) (viii)
(c) (ii) (iii) (vi) (viii)
(d) (ii) (iv) (i) (viii)
(e) (i) (iii) (v) (vii)
Correct Answer: (c)
Solution:The Legislative Council like the Council of States is a permanent chamber, not subjected to dissolution. The members are elected for six years and like Rajya Sabha one- third of members retire every second year. The Legislative Council elects its Chairman and Deputy Chairman from amongst its members. One-third of the members of this House are elected by the Legislative Assembly from amongst persons who are not the member of Legislative Assembly". One-third of its members "are elected by the local bodies like Municipalities or District Boards or any other local authority as specified by the law of the Parliament. One-twelfth of the members are elected by Graduates of at least three years of standing to reside in that state. One-twelfth of the members are elected by teachers of secondary schools having at least three years of teaching experience and the reminder shall be nominated by the governor from amongst persons having special knowledge and expertise in the field of Art, Science, Literature Co-operative movement and social service.

16. The members of a State Legislative Council are not chosen by which of the following categories of persons? [67th B.P.S.C. (Pre), 2021]

Correct Answer: (d) Industrialists
Solution:The Legislative Council like the Council of States is a permanent chamber, not subjected to dissolution. The members are elected for six years and like Rajya Sabha one- third of members retire every second year. The Legislative Council elects its Chairman and Deputy Chairman from amongst its members. One-third of the members of this House are elected by the Legislative Assembly from amongst persons who are not the member of Legislative Assembly". One-third of its members "are elected by the local bodies like Municipalities or District Boards or any other local authority as specified by the law of the Parliament. One-twelfth of the members are elected by Graduates of at least three years of standing to reside in that state. One-twelfth of the members are elected by teachers of secondary schools having at least three years of teaching experience and the reminder shall be nominated by the governor from amongst persons having special knowledge and expertise in the field of Art, Science, Literature Co-operative movement and social service.

17. Which one of the following cannot be dissolved but can be abolished? [U.P.P.C.S. (Mains) 2007, U.P.P.C.S. (Pre) 2018]

Correct Answer: (d) State Legislative Councils
Solution:The State Legislative Councils cannot be dissolved but abolished (Article 169). Rajya Sabha can neither be dissolved nor be abolished. Lok Sabha and State Legislative Assemblies cannot be abolished but can be dissolved.

18. What is the tenure of a member of State Legislative Council? [Uttarakhand P.C.S. (Pre) 2021]

Correct Answer: (b) 6 years
Solution:The State Legislative Councils cannot be dissolved but abolished (Article 169). Rajya Sabha can neither be dissolved nor be abolished. Lok Sabha and State Legislative Assemblies cannot be abolished but can be dissolved.

19. Which one of the following States of India does not have a Legislative Council so for even though the Constitution (Seventh Amendment) Act, 1956 provides for it? [I.A.S. (Pre) 1995]

Correct Answer: (d) Madhya Pradesh
Solution:Out of the given States, Madhya Pradesh does not have the Legislative Council. At present, only 6 States have bicameral Legislature, namely Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh and Telangana.

20. Which of the following States does not have Bicameral Legislature? [Chhattisgarh P.C.S. (Pre) 2013]

Correct Answer: (a) Tamil Nadu
Solution:In the given options, Tamil Nadu has a unicameral legislative chamber while the other four have a bicameral legislature.
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