All questions of State Legislature for UPSC CSE Exam

Normal Tenure of a Legislative Assembly
The normal tenure of a Legislative Assembly in a State is five years. This is a crucial aspect of the political framework in India and is governed by the Constitution.
Constitutional Provision
- The tenure of a Legislative Assembly is defined under Article 172 of the Indian Constitution.
- It states that a Legislative Assembly shall continue for five years from the date of its first meeting, unless dissolved earlier.
Reasons for Five-Year Tenure
- Stability: A five-year term allows for a stable government, enabling the ruling party to implement its policies effectively.
- Elections: It provides a structured timeline for regular elections, ensuring public representation and accountability.
- Political Cycle: This duration aligns with the electoral cycle, facilitating the management of political activities and governance.
Early Dissolution
- The Governor can dissolve the Assembly earlier under certain circumstances, such as when the government loses the confidence of the majority.
- This provision ensures flexibility in governance, allowing for changes in the political landscape.
Conclusion
In summary, the standard tenure of five years for a Legislative Assembly is established to ensure effective governance, regular elections, and political accountability. This framework is essential for maintaining democratic principles within the states of India.

In 1992, bicameral legislatures existed in five states of India. The states where bicameral legislatures were present in 1992 were:

1. Uttar Pradesh:
- Uttar Pradesh had a bicameral legislature consisting of two houses - the Legislative Assembly and the Legislative Council. The Legislative Assembly was the lower house, consisting of elected representatives, while the Legislative Council was the upper house, consisting of members elected by various bodies such as local authorities, graduates, and teachers.

2. Bihar:
- Bihar also had a bicameral legislature in 1992. Similar to Uttar Pradesh, it consisted of the Legislative Assembly and the Legislative Council. The Legislative Assembly was the lower house, elected by the people, while the Legislative Council was the upper house, with members elected by different constituencies such as local authorities, teachers, and graduates.

3. Maharashtra:
- Maharashtra had a bicameral legislature with the Legislative Assembly and the Legislative Council. The Legislative Assembly was the lower house, consisting of elected representatives, while the Legislative Council was the upper house, with members elected by various bodies such as local authorities, teachers, and graduates.

4. Karnataka:
- Karnataka also had a bicameral legislature in 1992. It included the Legislative Assembly and the Legislative Council. The Legislative Assembly was the lower house, elected by the people, while the Legislative Council was the upper house, with members elected by different constituencies such as local authorities, teachers, and graduates.

5. Andhra Pradesh:
- Andhra Pradesh had a bicameral legislature during that time. It consisted of the Legislative Assembly as the lower house and the Legislative Council as the upper house. The Legislative Assembly had elected representatives, while the Legislative Council had members elected by various constituencies such as local authorities, teachers, and graduates.

It is important to note that the number of states with bicameral legislatures may change over time as states have the power to modify their legislative setup.

Explanation:

Article 175 of the Indian Constitution

- Article 175 of the Indian Constitution deals with the right of the Governor to address and send messages to the Legislative Assembly or Council.
- This article specifically grants the Governor the privilege of addressing and sending messages to the Legislative Assembly or Council of the state.

Role of the Governor

- The Governor is the ceremonial head of the state and acts as the representative of the President of India at the state level.
- The Governor plays a crucial role in the functioning of the state government by giving assent to bills, appointing the Chief Minister, and other important functions.

Addressing the Legislative Assembly or Council

- The Governor has the right to address the Legislative Assembly or Council on various occasions such as the commencement of the first session of the year, the joint session of the two Houses, etc.
- Through these addresses, the Governor can communicate the policies and programs of the state government to the members of the Legislative Assembly or Council.

Sending Messages

- Apart from addressing the Legislative Assembly or Council, the Governor also has the right to send messages to them.
- These messages can contain important information, recommendations, or requests from the Governor to the members of the Legislative Assembly or Council.

In conclusion, Article 175 of the Indian Constitution grants the Governor the right to address and send messages to the Legislative Assembly or Council, allowing the Governor to play a significant role in the state's governance and functioning.

To be a member of the State Legislative Assembly in India, a person must be an Indian citizen and be at least 25 years of age, as per the information provided.

Minimum Members in Legislative Council
According to Article 171 of the Indian Constitution, the Legislative Council (Vidhan Parishad) of a State must have a minimum number of members. The correct answer to the question is option 'B': 40 members.
Key Provisions of Article 171
- Minimum Membership: Article 171 states that the Legislative Council of a State shall consist of not less than 40 members.
- Maximum Membership: The maximum strength of the Council cannot exceed one-third of the total number of members in the Legislative Assembly of the State.
Composition of the Council
The members of the Legislative Council are elected and appointed through various means, including:
- Elected by Legislative Assembly: Some members are elected by the Legislative Assembly.
- Local Authorities: A certain number of members are elected by local authorities in the State.
- Nominated Members: The Governor can nominate a few members with special knowledge or practical experience in fields such as literature, science, art, and social service.
Significance of Legislative Council
- Review and Revision: The Legislative Council plays a crucial role in reviewing legislation proposed by the Legislative Assembly, providing checks and balances within the legislative process.
- Representation: It ensures representation of diverse interests and expertise within the legislative framework of the State.
Conclusion
In summary, the minimum number of members required in the Legislative Council of a State, as per Article 171, is 40. This provision ensures that the Council remains a significant body for legislative review and representation.

The President can refer a reserved Bill to the Supreme Court for advisory opinion when there are doubts about the constitutionality of the Bill, as mentioned in the provided information. This allows for a legal review of the Bill's compatibility with the Constitution.

In the case of a deadlock between the two Houses of a State Legislature, the procedure for resolving it is not a joint sitting, as in the Parliament. Instead, the will of the lower House, which is the Assembly, ultimately prevails, as mentioned in the provided information.

Article 173 states that a person must be not less than twenty-five years of age to be chosen to fill a seat in the Legislative Assembly.

Article 171(3)(a) mentions that members in the Legislative Council shall be elected by electorates consisting of graduates.

Article 177 grants the Advocate-General for a State the right to speak and participate in the proceedings of the State Legislature but does not entitle them to vote.

Article 172 specifies that a Legislative Assembly of a State shall continue for five years from the date appointed for its first meeting unless dissolved.

Article 169 states that Parliament has the authority to create or abolish Legislative Councils in States.

As per the provided information, the minimum number of seats fixed for a Legislative Assembly in India is 60.

One of the primary functions of the State Legislature in India, as mentioned in the provided information, is the control of the finances of the state.

Article 172 allows the extension of the Legislative Assembly's term by Parliament during a Proclamation of Emergency, but not under other circumstances.

According to the information, the Governor has the power to nominate one member from the Anglo-Indian community to a State Legislative Assembly if he feels that the community is not represented.

As per Article 172, approximately one-third of the members of the Legislative Council of a State shall retire every second year.

As per the provided information, the minimum quorum required to constitute a meeting of a State Legislative Assembly is ten members or one-tenth of the total number of members, whichever is greater.

According to the information, if a person remains absent from the State Legislature without permission for a period of six days, the House may declare their seat vacant.