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With reference to the State Legislative Council in India, which among the following statements is / are correct? (A) The Legislative Council is a continuing House & two-third of the members retire in two years. (B) Members of local bodies elect one-third of the total number of members of the legislative council (C) If a state legislative council is to be created or abolished, a resolution to that effect is to be first passed by the State legislature by a two-thirds majority Choose the correct option from the options given below:

With reference to the State Legislative Council in India, which among the following statements is / are correct? (A) The Legislative Council is a continuing House & two-third of the members retire in two years. (B) Members of local bodies elect one-third of the total number of members of the legislative council (C) If a state legislative council is to be created or abolished, a resolution to that effect is to be first passed by the State legislature by a two-thirds majority Choose the correct option from the options given below: Correct Answer Only (B) and (C)

The correct answer is Option 2 i.e. Only (B) and (C).

Key Points

  • State Legislative Council
    • Article 169 of the constitution states that the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist) by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect.
      • Special majority means:
        • A majority of the total membership of the assembly and
        • A majority of not less than two-thirds of the members of the assembly present and voting.
      • Hence, Statement C is correct.
    • Under Article 171 of the Constitution, the Legislative Council of a state shall not have more than one-third of the total strength of the State Assembly, and not less than 40 members.
    • The legislative council is a continuing chamber like the Rajya Sabha i.e. it is a permanent body and is not subject to dissolution.
      • The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
      • Hence, Statement A is incorrect. ( Only one-third of members retire and not two-thirds.)
    • ​Electoral College:
      • One-third of the MLCs are elected by the state’s MLAs,
      • One-third by a special electorate comprising sitting members of local governments such as municipalities and district boards, (Statement B)
      • One-twelfth by an electorate of teachers and another one-twelfth by registered graduates.
      • The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement and social service.
  • Hence, Only Statement B and C are correct.

Additional Information

  • India has a bicameral system of legislature.
    • A bicameral system describes a government that has a two-house legislative system.
  • Like the Parliament, the states can also have a Legislative Council in addition to the Legislative Assembly through Article 169 of the Constitution.
  • Currently, Six states have a Legislative Council viz. Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, Karnataka

Related Questions

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Which of the following statements are correct ? (A) For creation of Legislative Council, resolution must be passed by 2/3 majority of the members of the Legislative Assembly present and voting of concerned state is necessary. (B) For creation of Legislative Council, resolution must be passed by 2/3 majority of the members of the members of the parliament is necessary.
Select from the alternatives that combination of numbers, which will form a meaningful word if given letters are arranged accordingly. \(\begin{matrix} \ \ \ \text{A} & \rm R & \rm W & \rm L & \rm E & \rm K \\\ \downarrow & \downarrow & \downarrow & \downarrow & \downarrow & \downarrow \\\ \ \ 1 & 2 & 3 & 4 & 5 & 6 \end{matrix}\)
 Which of the following options are matched correctly?   Veto power   Classifications A Absolute veto 1 Withholding of assent to the bill passed by the legislature B Qualified veto 2 Which can be overridden by the legislature with a higher majority C Suspensive veto 3 Which can be overridden by the legislature with an ordinary majority D Pocket veto 4 Taking no action on the bill passed by the legislature
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Nirav's house is 40 m south of Akash's house. Daksh's house is to the east of Akash's house in a straight line at a distance of X m. Prakash's house if to the west of Akash's house in a straight line at a distance of Y m. If the shortest distance between Prakash's house and Nirav's house is 50 m and the shortest distance between Daksh's house and Nirav's house is also 50 m, then what is the distance between Prakash's house and Daksh's house? 
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Consider the following statements:
1. Council of States passes a resolution supported by not less than two-third majority of the members present and voting that it is in the national interest that the Parliament shouldmake law on such matters
2. Council of State and House of the People, both pass a resolution that it is in the national interest that the Parliament should make law on such matter
3. The President gives the prior permission for such legislation
4. Speaker of the House of the people in consultation with Chairman of the Council of States gives the prior permission for such legislation
Which of these statements is/are correct?