Indian Polity : State Legislature

Q 3 / 4

UPSC CSE Prelims 2015

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 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?

EXPLANATION

Correct Option (d):

Statement 1 is incorrect. Article 171(1) of the Indian Constitution specifies that the total number of members in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly of that State. It also states that the minimum number of members shall be 40. Therefore, the Legislative Council cannot be larger in size than half of the Legislative Assembly.

Statement 2 is incorrect. The Chairman and Deputy Chairman of the Legislative Council are elected by the members of the Council from amongst themselves. The Governor of the State does not nominate the Chairman of the Legislative Council.

Since both statements 1 and 2 are incorrect, option (d) is the correct answer.

Incorrect Options

Option (a) 1 only: This is incorrect because statement 1 is factually wrong as per Article 171(1).

Option (b) 2 only: This is incorrect because statement 2 is factually wrong regarding the election of the Chairman of the Legislative Council.

Option (c) Both 1 & 2: This is incorrect because both statements are individually incorrect.

SOURCEIndian Polity by M. Laxmikanth, Chapter 31: State Legislature