UPSC Prelims 2015 Q82: Indian Polity – Parliament & State Legislatures
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 the Legislative Council of that particular
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
Answer: (d) Neither 1 nor 2
Explanation
Legislative Council of a State
| Statement | Verdict | Fact |
|---|---|---|
| 1. The Legislative Council of a State can be larger in size than half of the Legislative Assembly | Incorrect | Its size cannot exceed one-third of the Assembly, with a minimum of 40 (Article 171) |
| 2. The Governor of a State nominates the Chairman of the Legislative Council | Incorrect | The Council elects its Chairman from among its members (Article 182) |
How the Council is made up:
| Share | Chosen by |
|---|---|
| One-third | Members of local bodies |
| One-third | Members of the Legislative Assembly |
| One-twelfth | Graduates |
| One-twelfth | Teachers |
| One-sixth | Nominated by the Governor |
A Council is created or abolished by Parliament on a resolution of the Assembly (Article 169).
Answer: (d) Neither 1 nor 2.
Why each option is right or wrong
- (a) Incorrect. The Council cannot exceed one-third of the Assembly, let alone half.
- (b) Incorrect. The Chairman is elected by the Council, not nominated by the Governor.
- (c) Incorrect. Both statements are false.
- (d) CORRECT. Maximum size is one-third of the Assembly, and the Chairman is elected.
Key point
Legislative Council: maximum one-third of the Assembly, minimum 40 (Article 171); Chairman elected by members (Article 182); created or abolished under Article 169.
Remember
Legislative Council: max one-third, Chairman elected.
Common mistakes
- Mixing up one-third (maximum size) with one-half.
- Thinking the Governor nominates the Chairman; he only nominates one-sixth of the members.
- Forgetting the minimum strength of 40.
Exam tip
Council = one-third of the Assembly at most, 40 at least.
Sources
- Constitution of India — Articles 169, 171 and 182
- M. Laxmikanth — Indian Polity, chapter on State Legislature