Question 1

Which Article of the Constitution deals with the abolition or creation of Legislative Councils in States?

Accepted Answer

Article 169. Article 169 empowers the Parliament to abolish or create a Legislative Council in a State. This is done if the Legislative Assembly of the State passes a resolution to that effect by a special majority. Such a law is not deemed as a Constitutional Amendment under Article 368.

Question 2

What is the maximum permissible strength of a State Legislative Assembly?

Accepted Answer

500 members. According to the Constitution, the Legislative Assembly of a State shall consist of not more than 500 members. It also sets a minimum limit of 60 members, though there are exceptions for smaller states. These members are chosen by direct election from territorial constituencies.

Question 3

Who decides the question of disqualification of a member of the State Legislature on grounds of defection?

Accepted Answer

Speaker or Chairman. The question of disqualification under the Tenth Schedule (Anti-Defection Law) is decided by the Speaker in the case of the Assembly. For the Legislative Council, this decision lies with the Chairman. Their decision is subject to judicial review.

Question 4

The total number of members in the Legislative Council of a State shall not exceed what fraction of the total members in the Legislative Assembly?

Accepted Answer

One-third. The maximum strength of the Legislative Council is fixed at one-third of the total strength of the Legislative Assembly. However, the absolute minimum strength is fixed at 40. This ensures the predominance of the directly elected House.

Question 5

Who nominates members to the State Legislative Council?

Accepted Answer

Governor. The Governor nominates about one-sixth of the members to the Legislative Council. These members are chosen for their special knowledge in fields like literature, science, art, cooperative movement, and social service. The courts cannot question the propriety of the Governor's selection.

State Legislature — Set 1