Consider the following statements:The Legislative Council of a State in India can be larger in size

Q: What is UPSC Prelims?

UPSC Prelims is a competitive examination conducted in India. This question is from the 2015 UPSC Prelims Indian Polity & Governance paper.

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To prepare for UPSC Prelims Indian Polity & Governance, practice previous year questions (PYQs), understand concepts thoroughly, and solve mock tests regularly. This 2015 question covers State Legislature & State Executive topic.

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This UPSC Prelims 2015 Indian Polity & Governance question has a hard difficulty level and is marked as an important question.

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Question

Consider the following statements:The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.The Governor of a State nominates the Chairman of Legislative Council of that particular State.Which of the statements given above is/are correct?

Accepted Answer

Correct Answer: D — Neither 1 nor 2Step-by-step Solution:Statement 1 — Legislative Council can be larger than half the size of the Legislative Assembly: This is incorrect. Under Article 171(1) of the Constitution, the total number of members in a State Legislative Council shall not exceed one-third of the total number of members in the Legislative Assembly of that state, and in no case shall be less than 40. The maximum size of the LC is one-third (not half) of the LA's strength. Since one-third is less than half, the LC can never be as large as half of the LA — making the statement clearly wrong. ✗Statement 2 — The Governor nominates the Chairman of the Legislative Council: This is incorrect. The Chairman of the Legislative Council is elected by the members of the Council from among themselves — not nominated by the Governor. This is similar to how the Speaker of the Lok Sabha or the State Legislative Assembly is elected by members. The Governor nominates 1/6th of the total Council members (from among persons with special knowledge or practical experience in literature, science, arts, the cooperative movement, and social service) — but does not nominate the Chairman. ✗Why other options are incorrect:Options A, B, and C each accept at least one incorrect statement. Both statements are constitutionally inaccurate.Key Concept: State Legislative Council (Vidhan Parishad): upper house; permanent body (cannot be dissolved); 1/3 members retire every 2 years; composition of members: 1/3 elected by local bodies; 1/12 elected by graduates of at least 3 years' standing; 1/12 elected by teachers with at least 3 years' experience; 1/3 elected by LA members; 1/6 nominated by Governor (experts). Size limits: maximum = 1/3 of LA strength; minimum = 40 members; currently 6 states have LCs: Andhra Pradesh, Karnataka, Maharashtra, Bihar, Uttar Pradesh, Telangana; Chairman elected by Council members; Deputy Chairman also elected by members; LC has less power than LC in all matters except ordinary bills (where it can delay but not reject). Article 169 allows Parliament to create or abolish state LCs by simple majority, if state LA passes resolution by special majority — this is a non-federal feature.

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