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?

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? Correct Answer Neither 1 nor 2

The correct answer is Neither 1 nor 2.

  • Legislative Council:
  • Under Article 171 of the Constitution, the size of the State Legislative Council cannot be more than one-third of the membership of the State Legislative Assembly.
  • However, the size of the legislative council cannot be less than 40 members. Hence statement 1 is incorrect.
  • The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
  • 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.
  • The Chairman of the Legislative Council is elected by the members from amongst itself. Hence statement 2 is incorrect.

Additional Information

  • Members of the legislative council:
    • One-third of the MLCs are elected by the state’s MLAs,
    • Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards,
    • 1/12th by an electorate of teachers and another 1/12th 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.
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