UPSC CSE Prelims GS-I PYQs/MCQs Concept Analysis
Subject- Indian Polity
Topic- State Legislature
Q.1 ) With reference to the position of the State Legislative Council compared to that of Rajya Sabha, which of the following statements is/are correct?
1. The Minimum age of membership in both Rajya Sabha and State Legislative Council is 30 years.
2. Unlike Rajya Sabha MPs, members of a State Legislative Council cannot vote in elections for the President and Vice-President.
3. The tenure of the members of the Rajya Sabha is 6 years while that of the Legislative Council is 5 years.
Select the correct answer using the code given below:
a) 1 and 2 only
b) 2 and 3 only
c) 1 and 3 only
d) 1, 2 and 3
Solution:
- In order to be chosen a member of Parliament, a person must be a citizen of India and not less than 30 years of age in the case of Rajya Sabha.
- Minimum age of membership in Legislative Council is 30 years.
- Unlike Rajya Sabha MPs, MLCs cannot vote in elections for the President and Vice President. The Vice President is the Rajya Sabha Chairperson while a member from the Council itself is chosen as the Council Chairperson.
- Rajya Sabha is a permanent body and is not subject to dissolution. However, one third of the members retire every second year, and are replaced by newly elected members. Each member is elected for a term of six years.
- The tenure of the members of the Legislative council is six years, and a third of the members of the House retire after every two years.
- The council is heterogeneously constituted. It represents different interests and consists of differently elected members and also include some nominated members. Its very composition makes its position weak and reduces its utility as an effective revising body. On the other hand, the Rajya Sabha is homogeneously constituted. It represents only the states and consists of mainly elected members.
Ans: (a)
Q.2 ) With reference to the creation of State Legislative Council, consider the following:
1. The resolution for setting up the Legislative Council need an assent from the Governor.
2. The Parliament can abolish Legislative Council in a State even without consultation with the State Legislature.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution:
- The Constitution provides for the abolition or creation of legislative councils in states as per Article 169. For setting up the Council, a Bill has to be introduced in the state legislative assembly and then an assent from the Governor is required.
- Article 169(1) of the Constitution allows Parliament to either create or abolish a Council in a state “if the Legislative Assembly of the State passes a resolution to that effect.
- The resolution must 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.
- Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members. Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
Ans: (a)
Q.3 ) With reference to the State Legislative Council, consider the following statements:
1. The minimum strength of the Council is fixed by the Parliament according to the population of the State.
2. One-fourth of the total Members of State Legislative Council are elected by the state’s MLAs.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution:
- The minimum strength of the council cannot be less than forty members as per the constitution. This is not decided by the parliament. Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.
- One-third and not one fourth of the total MLCs are elected by the state’s MLAs.
- 1/3 are elected by the members of local bodies in the state like municipalities, district boards, etc.
- 1/12 are elected by graduates of three years standing and residing within the state.
- 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,
- The remainder are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.
- Thus, 5/6 of the total number of members of a legislative council are indirectly elected and 1/6 are nominated by the governor. The members are elected in accordance with the system of proportional representation by means of a single transferable vote.
Ans: (d)
Q.4 ) Consider the following statements:
1. The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister.
2. Before being appointed as the Chief Minister, it is required that a person must prove his/her majority in the legislative assembly.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution:
- The Constitution does not contain any specific procedure for the selection and appointment of the Chief Minister. It is in accordance with the conventions of the parliamentary system of government, the governor has to appoint the leader of the majority party in the state legislative assembly as the Chief Minister. But, when no party has a clear majority in the assembly, then the governor may exercise his personal discretion in the selection and appointment of the Chief Minister.
- The Constitution does not require that a person must prove his majority in the legislative assembly before he is appointed as the Chief Minister. The governor may first appoint him as the Chief Minister and then ask him to prove his majority in the legislative assembly within a reasonable period.
- Last year, the Chief Minister of Maharashtra was appointed in the same manner and was later asked to prove his majority.
Ans: (a)
Q.5 ) With reference to state legislative council which of the following statements is/are correct?
1. Abolition or creation of a legislative council by an act of Parliament is not deemed as amendment under Article 368.
2. Any bill providing for the creation of a legislative council must be introduced in the Parliament by a prior recommendation of the President.
3. State legislative council can withhold a bill for maximum period of 3 months.
Select the correct answer using the code given below:
a) 1 only
b) 1 and 2 only
c) 2 and 3 only
d) 1, 2 and 3
Solution:
- Abolition or creation of a legislative council is administered under Article 169. This act of Parliament is not deemed as amendment under Article 368 and is passed like an ordinary legislation by a simple majority.
- The bill which seeks to create a legislative council does not need a prior approval of President before being presented in the Parliament.
- The maximum time for which state legislative council can withhold a bills 4 months (and not three). For the first time legislative council can hold a bill for 3 months by not taking any action. Then assembly may pass the bill again and transmit the same to the council. This time it can withhold it only for a period of one month.
Ans: (a)
Q.6 ) In which of the following, state legislative council has equal powers to that of the state legislative assembly?
1. Participation in the election of the president.
2. Ratification of a constitutional amendment bill.
3. Enlargement of jurisdiction of the state public service commission.
4. Approval of ordinances issued by the governor.
Select the correct answer using the code given below:
a) 2 and 3 only
b) 3 and 4 only
c) 1 and 4 only
d) 2, 3 and 4 only
Solution:
- State legislative council does not participate in the election of the president. Only the elected members of both the Houses of Parliament, the elected members of the legislative assemblies of the states and the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry participate in the election of the president.
- The council has no effective say in the ratification of a constitutional amendment bill. In this respect also, the will of the assembly prevails over that of the council.
- The council has equal powers like that of the assembly with respect to enlargement of jurisdiction of the state public service commission, approval of ordinances issued by the governor.
Ans: (b)
Q.7 ) In the context of Legislative procedure in State Legislature with regard to Money Bill, consider the following statements:
1. Money bill in state legislature can be introduced in either Legislative assembly or Legislative council.
2. Legislative council cannot reject money bill and can only amend it.
3. Governor can reserve the money bill for presidential assent.
4. Money bill cannot be returned for reconsideration of the state legislature either by
the Governor or President.
Which of the following statements given above is/are correct?
a) 1, 2 and 3 only
b) 2 and 3 only
c) 3 and 4 only
d) 1, 2, 3 and 4
Solution:
- Money Bill cannot be introduced in the legislative council. It can be introduced in the legislative assembly only and that too on the recommendation of the governor.
- The legislative council has restricted powers with regard to a Money Bill. It cannot reject or amend a Money Bill. It can only make recommendations and must return the bill to the legislative assembly within 14 days.
- When a Money Bill is presented to the governor, he may either give his assent, withhold his assent or reserve the bill for presidential assent.
- When a money bill is reserved for consideration of the President, the president may either give his assent to the bill or withhold his assent to the bill but cannot return the bill for reconsideration of the state legislature.
- When a Money Bill is presented to the governor, he may either give his assent, withhold his assent or reserve the bill for presidential assent but cannot return the bill for reconsideration of the state legislature.
Ans: (c)
Q.8 ) Consider the following statements:
1. The Legislative Council of a state in India can be larger in size than half of the Legislative Assembly of that state.
2. The Governor of a state nominates the Chairman of Legislative Council of that state.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution:
- The maximum size of the Council can be 1/3rd of the size of the Assembly, thus the size of the legislative council is always smaller than the legislative assembly.
- The Governor of a state does not nominate the Chairman of Legislative Council of that state. The chairman of the Legislative Council is chosen from amongst themselves by the members.
Ans: (d)
Q. 9 ) Consider the following statements regarding the privileges of the State legislature:
1. Constitution has empowered the State legislature to define its privileges from time to
time.
2. Privileges of the State legislature extends to the Governor of the State.
3. The Constitution provides for freedom of speech in the State legislature.
Which of the statements given above is/are correct?
a) 1 and 2 only
b) 1 and 3 only
c) 2 and 3 only
d) 1, 2 and 3
Solution:
- Article 194 (3) of the Constitution has empowered the State legislature to make laws on power, privileges and immunities enjoyed by the member of the assembly. Hence, State legislature can define its privileges through law.
- The Privileges enjoyed by State Legislatures does not extend to Governor (even Governor is an integral part of legislatures).
- The Constitution has provided privileges in two parts: Collective and Individual privileges. Freedom of speech on the floor of the assembly to legislatures provided under Article 194(1) and is a part of Individual privileges.
Q. 10 ) Consider the following statements:
1. If a legislative council rejects an ordinary bill passed by the state legislative assembly, then a joint sitting can be called by the Governor.
2. The Constitution has provisions to fix the actual strength of the Legislative Council of the states.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) Both 1 and 2
d) Neither 1 nor 2
Solution:
- The Constitution does not provide for the mechanism of joint sitting of both Houses of the State legislature to resolve the disagreement between the two Houses over a bill.
- The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40. It means that the size of the council depends on the size of the assembly of the concerned state. This is done to ensure the predominance of the directly elected House (assembly) in the legislative affairs of the state.
- Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.
Ans: (d)
Q.11 ) In which of the following, state legislative council has equal powers to that of the state legislative assembly?
1. Participation in the election of the president.
2. Ratification of a constitutional amendment bill.
3. Enlargement of jurisdiction of the state public service commission.
4. Approval of ordinances issued by the governor.
Select the correct answer using the code given below:
a) 2 and 3 only
b) 3 and 4 only
c) 1 and 4 only
d) 2, 3 and 4 only
Solution:
- State legislative council does not participate in the election of the president. Only the elected members of both the Houses of Parliament, the elected members of the legislative assemblies of the states and the elected members of the legislative assemblies of the Union Territories of Delhi and Puducherry participate in the election of the president.
- The council has no effective say in the ratification of a constitutional amendment bill. In this respect also, the will of the assembly prevails over that of the council.
- The council has equal powers like that of the assembly with respect to enlargement of jurisdiction of the state public service commission, approval of ordinances issued by the governor.
Ans: (b)
Q.12 ) Under which of the following criteria(s) can a person be disqualified from being elected as a member of a state Legislature?
1. If he/she holds any Office of Profit under the Union Government.
2. If he/she is in detention under a preventive detention law.
3. If he/she is an undischarged insolvent.
Which of the statements given above is/are correct?
a) 1 only
b) 2 only
c) 1 and 3 only
d) 1, 2 and 3
Solution:
- Under the Constitution, a person shall be disqualified for being elected as a member of state Legislature, if he/she holds any office of profit under the Union or state government (except that of a minister or any other office exempted by Parliament).
- Under the RPA (1951), a person is disqualified if he/she has been convicted for any offence resulting in imprisonment for two or more years. But, the detention of a person under a preventive detention law does not lead to disqualification. Under the constitution, a person is disqualified if he/she is an undischarged insolvent.
Ans: (c)
Q. 13 ) The President has a role in relation to bills passed by state legislatures. With respect to this, consider the following statements:
1. The president can withhold his assent to a money bill reserved by governor for an indefinite period of time
2. The bill returned by president has to be reconsidered by state legislature within 3 months.
3. The President is not obliged to give assent to a bill presented again after reconsideration of state legislature.
Which of the statements above is/are correct?
a) 1 and 3 only
b) 2 only
c) 1 and 2 only
d) 1, 2 and 3
Solution:
- When a money bill is reserved by governor for consideration of president, the president can either give his assent to the bill or withhold his assent but cannot return the bill for reconsideration of state legislature.
- There is no mention in constitution for how long can president withhold the bill. Hence, President can withhold his assent for indefinite period as he/she wants.
- When a bill is reserved by the governor for the consideration of the President, the President may either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the House or Houses of the state legislature. When a bill is so returned, the House or Houses have to reconsider it within a period of six months.
- If the bill is presented again to the presidential assent after it is passed by the House or Houses with or without amendments. It is not obligatory for the president to give his assent to such bill. This means state legislature cannot over-ride the veto power of the president. The constitution doesn’t provide any time limit in which president has to give his/her assent. This is what we call as Pocket veto with respect to state legislation.
Ans: (a)
Q.14 ) Which among the following states in India have Legislative Councils?
1. Uttar Pradesh
2. Karnataka
3. Tamil Nadu
4. Maharashtra
5. Madhya Pradesh
6. Telangana
Select the correct answer using the code given below:
a) 1, 2, 5 and 6 only
b) 1, 3 and 5 only
c) 1, 2, 4 and 6 only
d) 1, 2, 4, 5 and 6 only
Solution:
- India has bicameral system of legislature. Just like Parliament has two houses the state can also have two-legislative assembly and legislative council.
- Article 169 of Indian constitution deals with abolition and creation of legislative councils in state. In India only 6 states have legislative councils- Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
Ans: (c)