Previous Year Question
Consider the following statements: The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.
The Governor of a State nominates the Chairman of the Legislative Council of that particular State.
Which of the statement(s) given above is/are correct?
Only 1
Only 2
Both 1 and 2
Neither 1 nor 2
Correct Answer: D
Detailed Solution
Statement 1 is incorrect.
Under Article 171(1) of the Constitution, the total number of members in the Legislative Council of a State cannot exceed one-third of the total number of members in the Legislative Assembly of that State.
At the same time, the total strength of a Legislative Council cannot be less than 40. Therefore, a Legislative Council cannot be larger than half of the Legislative Assembly.
Composition of the Legislative Council—Article 171(3):
Members of the Legislative Council are elected or nominated in the following manner:
Approximately one-third are elected by electorates consisting of members of municipalities, district boards and other specified local authorities.
Approximately one-twelfth are elected by an electorate of graduates residing in the State for at least three years.
Approximately one-twelfth are elected by persons who have been engaged in teaching for at least three years in educational institutions not lower than the secondary level.
Approximately one-third are elected by the members of the State Legislative Assembly from among persons who are not members of the Assembly.
The remainder, approximately one-sixth, are nominated by the Governor.
The members nominated by the Governor must possess special knowledge or practical experience in literature, science, art, the cooperative movement or social service.
Statement 2 is incorrect.
Under Article 182, the Legislative Council itself chooses two of its members to be its Chairman and Deputy Chairman respectively.
Therefore:
The Governor nominates approximately one-sixth of the members of the Legislative Council.
The Governor does not nominate or appoint the Chairman of the Legislative Council.
The Chairman and Deputy Chairman are elected by the members of the Legislative Council.
Other facts relating to the Legislative Council:
Under Article 169, Parliament may create or abolish a Legislative Council in a State by law.
For this purpose, the Legislative Assembly of the concerned State must pass a resolution by a majority of its total membership and by a majority of not less than two-thirds of the members present and voting.
A law enacted under Article 169 is not treated as a constitutional amendment for the purposes of Article 368.
The Legislative Council is a permanent House and is not subject to dissolution. Approximately one-third of its members retire every second year.