Consider the following statements : 1. The Legislative Council of a

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?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC IAS – 2015
The correct option is D (Neither 1 nor 2). Both statements regarding the Legislative Council are incorrect according to the Indian Constitution.
– Statement 1 is incorrect. Article 171(1) of the Constitution stipulates 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 total number of members in the Legislative Council shall in no case be less than forty. Therefore, the size of the Legislative Council is limited to one-third of the Assembly’s size, not half.
– Statement 2 is incorrect. Article 182 of the Constitution states that the Legislative Council shall choose two members of the Council to be respectively Chairman and Deputy Chairman thereof. The Chairman of the Legislative Council is elected by the members of the Council from amongst themselves, not nominated by the Governor.
The system of having a Legislative Council (Vidhan Parishad) is bicameralism at the state level. Not all states have a Legislative Council. Creation or abolition of a Legislative Council in a state is done by Parliament through a simple majority, based on a resolution passed by the State Legislative Assembly by a special majority. The composition of the Legislative Council under Article 171 includes members elected by local bodies, graduates, teachers, and members nominated by the Governor, in addition to those elected by the members of the Legislative Assembly.
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