Question 32 from UPSC CSE 2015 - Polity

Question

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?

IASCODEX · Accepted Answer

Correct Option: D. Neither 1 nor 2

Strategy: Assess the statements by recalling key constitutional provisions. For Statement 1, apply the rule that the Legislative Council's maximum size is one-third of the Legislative Assembly. For Statement 2, apply the rule that the Council's Chairman is elected by its members. Conclude that both statements are incorrect.

Key Info: **Establishment and Role**
The Legislative Council (Vidhan Parishad) is the upper house in a state's bicameral legislature, established under Article 169 of the Indian Constitution. Its role is primarily advisory and revisory, with powers more limited than the Legislative Assembly.

**Composition and Strength**
*   The maximum strength of a Legislative Council is capped at one-third of the total membership of the state's Legislative Assembly.
*   The minimum strength is 40 members, except for Jammu & Kashmir.
*   Parliament determines the precise size of the Council.

**Leadership**
The Chairman and Deputy Chairman are elected by the Council's members from among themselves, as per Article 182. They are not appointed by the Governor.

**Tenure and Structure**
*   The Legislative Council is a permanent body and cannot be dissolved.
*   One-third of its members retire every two years.

**Creation and Abolition**
Creating or abolishing a Legislative Council requires a special resolution passed by the State Legislative Assembly, followed by approval from Parliament.

**Current Presence**
Legislative Councils are present in a limited number of states, including Uttar Pradesh, Karnataka, Maharashtra, Bihar, Telangana, and Andhra Pradesh.

IASCODEX · Answer

Option A: 1 only

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: Both 1 and 2