The State Legislature

1. Which one of the following States of India does not have a Legislati

Which one of the following States of India does not have a Legislative Council?

Bihar
West Bengal
Uttar Pradesh
Karnataka
This question was previously asked in
UPSC CISF-AC-EXE – 2024
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Among the given states, West Bengal does not have a Legislative Council as of the current status.
Article 169 of the Constitution of India provides for the creation or abolition of Legislative Councils in states. A state Legislative Council can be created if the State Legislative Assembly passes a resolution to that effect by a special majority, and if Parliament subsequently passes a law for the same.
As of late 2023 / early 2024, the states having Legislative Councils are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. West Bengal previously had a Legislative Council which was abolished in 1969. The State Legislative Assembly passed a resolution in 2021 to revive the Legislative Council, but this requires Parliament’s approval, which has not yet been granted.

2. With reference to the Legislative Assembly of a State in India, consid

With reference to the Legislative Assembly of a State in India, consider the following statements :

  • The Governor makes a customary address to Members of the House at the commencement of the first session of the year.
  • 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?

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC IAS – 2019
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Both statements 1 and 2 are correct.
– Statement 1 is correct. Article 176 of the Constitution requires the Governor to address the Legislative Assembly (or both Houses in a bicameral legislature) at the commencement of the first session after each general election and at the commencement of the first session of each year. This address outlines the government’s policies and programs. This is a customary address mirroring the President’s address to Parliament.
– Statement 2 is correct. Article 208(1) of the Constitution states that a House of the Legislature of a State may make rules for regulating its procedure and the conduct of its business. Article 208(2) further states that until rules are made under clause (1), the rules of procedure and conduct of business in force immediately before the commencement of the Constitution with respect to the corresponding Provincial Legislative Assembly shall have effect, subject to modifications. However, in practice, State Legislatures often refer to or adopt the rules of procedure of the Lok Sabha (or Parliament generally) on matters where their own rules are silent. This provides uniformity and leverages established parliamentary practices.
The Governor’s address is prepared by the State Government and reflects its policies and legislative agenda. It is followed by a discussion and a motion of thanks in the Legislature. The rules of procedure in State Legislatures are framed to facilitate the orderly conduct of business, including debates, voting, and legislative processes.

3. Consider the following statements : 1. The Speaker of the Legislati

Consider the following statements :

  • 1. The Speaker of the Legislative Assembly shall vacate his/her office if he/she ceases to be a member of the Assembly.
  • 2. Whenever the Legislative Assembly is dissolved, the Speaker shall vacate his/her office immediately.

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 – 2018
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Statement 1 is correct. Article 179(a) of the Constitution of India explicitly states that a Speaker of a Legislative Assembly shall vacate his office if he ceases to be a member of the Assembly.
Statement 2 is incorrect. According to the proviso to Article 179, when a Legislative Assembly is dissolved, the Speaker shall not vacate his office immediately but shall continue in office until immediately before the first meeting of the Assembly after the dissolution. This provision ensures continuity in the office during the interregnum between dissolution and the meeting of the new assembly.
The Speaker of the Lok Sabha also has a similar provision under Article 94, where they do not vacate their office upon dissolution of the Lok Sabha but continue until immediately before the first meeting of the new House. This continuity is important for parliamentary processes and the administration of the legislature.

4. 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
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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.

5. According to the Delimitation Commission of India and subject to Artic

According to the Delimitation Commission of India and subject to Article 333 of the Constitution of India, what is the maximum number of members that a State Legislative Assembly may have ?

450
500
550
600
This question was previously asked in
UPSC CAPF – 2020
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The correct answer is (B) 500.
Article 170 of the Constitution of India deals with the composition of the Legislative Assemblies of the States. It states that the Legislative Assembly of each State shall consist of not more than five hundred, and not less than sixty, members chosen by direct election from territorial constituencies in the State. The Delimitation Commission is responsible for redrawing the boundaries of these constituencies based on population data from the Census, ensuring that the number of seats in each assembly (within the maximum and minimum limits) reflects the population distribution.
Article 333 of the Constitution deals with the representation of the Anglo-Indian community in the Legislative Assemblies of the States. It previously allowed the Governor to nominate one member from the Anglo-Indian community if they were not adequately represented. This provision was effectively discontinued by the 104th Constitutional Amendment Act, 2019, which removed the reservation for Anglo-Indians in Lok Sabha and State Legislative Assemblies. However, the question asks about the maximum number of *members* (including elected and potentially nominated), and Article 170 sets the upper limit for elected members at 500. The question is phrased in the context of the Delimitation Commission’s work, which primarily concerns the elected seats, but the constitutional limit on the total *assembly size* based on elected members is 500.

6. Under Article 191 of the Constitution of India, a person shall be disq

Under Article 191 of the Constitution of India, a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a state if the person holds any office of profit under :

  • 1. the Government of India.
  • 2. any State Government.

Select the correct answer using the code given below :

1 only
2 only
Both 1 and 2
Neither 1 nor 2
This question was previously asked in
UPSC NDA-1 – 2024
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Article 191 of the Constitution of India lays down the disqualifications for membership of the State Legislature.
Article 191(1)(a) states that a person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a State if he holds any office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder.
Therefore, holding an office of profit under either the Government of India or any State Government (unless exempted by state law) is a ground for disqualification for membership in a state legislature. Both statements 1 and 2 are correct.

7. Which of the following States has/have bicameral legislature ? 1. An

Which of the following States has/have bicameral legislature ?

  • 1. Andhra Pradesh
  • 2. Telangana
  • 3. Bihar
  • 4. Uttar Pradesh

Select the correct answer using the code given below :

1 only
1, 2 and 3 only
3 and 4 only
1, 2, 3 and 4
This question was previously asked in
UPSC CDS-2 – 2022
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All four states listed, Andhra Pradesh, Telangana, Bihar, and Uttar Pradesh, currently have bicameral legislatures, meaning they have both a Legislative Assembly (Vidhan Sabha) and a Legislative Council (Vidhan Parishad).
A bicameral legislature consists of two houses. In Indian states, this means having a Legislative Assembly and a Legislative Council. The presence of a Legislative Council in a state is not mandatory and depends on a resolution passed by the state’s Legislative Assembly and subsequently by an Act of Parliament.
As of late 2023/early 2024, the six states in India with bicameral legislatures are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. The question lists four of these six states.

8. Which one of the following States does not have a Legislative Council

Which one of the following States does not have a Legislative Council ?

Karnataka
Telangana
Jammu and Kashmir
Arunachal Pradesh
This question was previously asked in
UPSC CDS-2 – 2019
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Among the given options, Arunachal Pradesh is a State that does not have a Legislative Council. The Constitution of India provides for the abolition or creation of Legislative Councils in States under Article 169. Six Indian states currently have a Legislative Council: Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka.
Article 169 of the Constitution allows for the creation or abolition of Legislative Councils in States.
Karnataka and Telangana are among the states that currently have Legislative Councils. Jammu and Kashmir, which previously had a Legislative Council as a State, was reorganized into a Union Territory in 2019 and its Legislative Council was abolished. Arunachal Pradesh has never had a Legislative Council.

9. Which one of the following is not considered a part of the Legislature

Which one of the following is not considered a part of the Legislature of States?

The Governor
The Legislative Assembly
The Legislative Council
The Chief Minister
This question was previously asked in
UPSC CDS-2 – 2018
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Article 168 of the Constitution of India states that for every State there shall be a Legislature which shall consist of the Governor, and in States having a Legislative Council, one House to be known as the Legislative Assembly, and in States having two Houses, two Houses to be known as the Legislative Assembly and the Legislative Council. Therefore, the Governor, the Legislative Assembly, and the Legislative Council (where it exists) are components of the State Legislature. The Chief Minister is the head of the Council of Ministers and the executive head of the state government, but is not considered a part of the State Legislature as an institution, although they are typically members of the Legislative Assembly or Legislative Council.
– The State Legislature comprises the Governor and the House(s) of the Legislature (Legislative Assembly and potentially Legislative Council).
– The Chief Minister is part of the State Executive, not the State Legislature.
States with a bicameral legislature (having both a Legislative Assembly and a Legislative Council) include Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka. Other states have a unicameral legislature consisting only of the Governor and the Legislative Assembly. Members of the Council of Ministers, including the Chief Minister, must be members of the State Legislature (either Assembly or Council) or become a member within six months (Article 164(4)).

10. Which one of the following is not a correct statement regarding the

Which one of the following is not a correct statement regarding the provision of Legislative Council in the State Legislature?

The States of Bihar and Telangana have Legislative Councils.
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.
One-twelfth of all members shall be elected by electorates consisting of local bodies and authorities.
One-twelfth of all members shall be elected by graduates residing in the State.
This question was previously asked in
UPSC CDS-1 – 2019
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Article 171 of the Constitution of India deals with the composition of the Legislative Councils. It states 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, and shall in no case be less than forty. The composition includes members elected by local bodies (one-third), elected by graduates (one-twelfth), elected by teachers (one-twelfth), elected by members of the Legislative Assembly (one-third), and nominated by the Governor (one-sixth). Option C incorrectly states that one-twelfth of the members are elected by electorates consisting of local bodies and authorities; the correct proportion is one-third.
– The composition of a Legislative Council (Vidhan Parishad) in India is detailed in Article 171.
– The proportion of members elected by local bodies is one-third, not one-twelfth.
– States currently having Legislative Councils are Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
– Option A is correct: Bihar and Telangana both have Legislative Councils.
– Option B is correct: The total number of members is limited to one-third of the Assembly’s strength (with a minimum of 40).
– Option D is correct: One-twelfth of the members are elected by electorates consisting of graduates.
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