Question 3 from UPSC CSE 2019 - Polity & Governance

Question

With reference to the Legislative Assembly of a State in India, consider the following statements:
1. The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
2. When a State Legislature does not have a rule on a particular matter, it follows the Lok Sabha rule on that matter.
Which of the statements given above is/are correct?

IASCODEX · Accepted Answer

Correct Option: A. 1 only

Strategy: Focus on constitutional mandates for both statements. For Statement 1, the phrase 'customary address' aligns with Article 176, where the Governor addresses the Assembly at the start of the first session of each year. Statement 2 requires assessing procedural rules: Article 208 indicates state legislatures have their own authority for making rules, and if absent, they follow rules inherited from pre-Constitution legislatures, not those of the Lok Sabha. Thus, only Statement 1 is correct.

Key Info: Governor's Address: Article 176(1) of the Constitution requires the Governor to address both Houses of the State Legislature (or the Legislative Assembly where there is only one House) at the commencement of the first session after each general election and at the first session each year. The address outlines government policy and an overview of the year's agenda.

Rules of Procedure in State Legislatures: Article 208 empowers each House of a State Legislature to make rules governing its procedure. If such rules have not yet been made, the procedural rules in force for the corresponding province prior to the Constitution's commencement continue, subject to modifications. There is no constitutional provision for adopting the Lok Sabha's rules when a State Legislature's own rules are absent; instead, the inherited provincial procedures (now modified by the Speaker or Chairman) are followed.

Lok Sabha Rules: The Lok Sabha, under Article 118, frames its own rules of procedure. While these may influence other bodies, State Legislatures are neither constitutionally nor statutorily mandated to adopt them in the absence of local rules.

Governor's Role: The Governor's address is a constitutional convention that marks the start of legislative work for the year, similar to the President's address in Parliament, and is seen as an affirmation of democratic procedure.

IASCODEX · Answer

Option B: 2 only

IASCODEX · Answer

Option C: Both 1 and 2

IASCODEX · Answer

Option D: Neither 1 nor 2