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Q82 (IAS/2015) Polity & Governance › State Executive & Legislature › State legislative council Official Key

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?

Result
Your answer: —  ·  Correct: D
Explanation

Both statements are incorrect.

The Legislative Council's membership cannot be more than one-third of the Legislative Assembly's membership, with a minimum of 40 members[2]. Therefore, it can never be larger than half of the Assembly, making Statement 1 incorrect.

Regarding Statement 2, the Chairman of the Legislative Council is not nominated by the Governor. Like the Speaker of the Legislative Assembly, the Chairman is elected by the members of the Legislative Council from among themselves. The Governor does not have the power to nominate the Chairman. The Governor only determines the salaries and allowances of the Chairman and Deputy Chairman[3], but does not appoint them.

Since both statements are incorrect, the correct answer is option D (Neither 1 nor 2).

Sources
  1. [1] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 14: The State Legislature > THE STATE LEGISLATURE > p. 281
  2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Composition of Council > p. 336
  3. [3] https://cdnbbsr.s3waas.gov.in/s380537a945c7aaa788ccfcdf1b99b5d8f/uploads/2024/07/20240716890312078.pdf
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Don’t just practise – reverse-engineer the question. This panel shows where this PYQ came from (books / web), how the examiner broke it into hidden statements, and which nearby micro-concepts you were supposed to learn from it. Treat it like an autopsy of the question: what might have triggered it, which exact lines in the book matter, and what linked ideas you should carry forward to future questions.
Q. Consider the following statements : 1. The Legislative Council of a State in India can be larger in size than half of the Legislative As…
At a glance
Origin: Books + Current Affairs Fairness: Moderate fairness Books / CA: 5/10 · 5/10
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This is a classic 'Polity 101' question. It tests fundamental constitutional limits (fractions) and the separation of powers (election vs nomination). If you get this wrong, your static revision is dangerously weak; no current affairs were needed here.

How this question is built

This question can be broken into the following sub-statements. Tap a statement sentence to jump into its detailed analysis.

Statement 1
In India, can the membership of a State Legislative Council exceed half the membership of that State's Legislative Assembly according to the Constitution?
Origin: Direct from books Fairness: Straightforward Book-answerable
From standard books
Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 14: The State Legislature > THE STATE LEGISLATURE > p. 281
Presence: 5/5
“This device was, accordingly, prescribed to enable each state to have a Second Chamber or not according to its own wishes. On the other hand, West Bengal and Punjab have abolished their Second Chambers, pursuing the same procedure. Composition of the Legislative Council. The size7 of the Legislative Council shall vary with that of the Legislative Assembly, -the membership of the Council being not more than one-third of the membership of the Legislative Assembly but not less than 40. This provision has been adopted so”
Why this source?
  • Explicitly states the Legislative Council membership is 'not more than one-third' of the Assembly membership.
  • Directly limits Council size relative to Assembly, which rules out any figure greater than one-third (hence greater than half).
Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 33: State Legislature > Composition of Council > p. 336
Presence: 5/5
“Strength Unlike the members of the legislative assembly, the members of the legislative council are indirectly elected. The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40. It means that the size of the council depends on the size of the assembly of the concerned state. This is done to ensure the predominance of the directly elected House (assembly) in the legislative affairs of the state. Though the Constitution has fixed the maximum and the minimum limits, the actual strength of a Council is fixed by Parliament.”
Why this source?
  • Reaffirms the constitutional maximum: council strength fixed at one-third of the assembly.
  • Explains the maximum/minimum formula, confirming the Council cannot approach or exceed half the Assembly.
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