Laxmikanth Test: State Legislature - UPSC MCQ

The composition of the legislative assembly in Indian state legislatures involves members being directly elected by the state's people. This process includes territorial representation, where members represent specific geographic constituencies within the state, and reserved seats for marginalized groups like Scheduled Castes (SCs) and Scheduled Tribes (STs) to ensure fair representation based on population demographics. The number of assembly members varies by state, determined by population size. This structure ensures diverse representation and democratic decision-making within the state legislature.

1. Statement 1 is correct: As per the provided information, only six states in India—Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra, and Karnataka—have a bicameral system consisting of a Legislative Council (upper house) and a Legislative Assembly (lower house).

2. Statement 2 is correct: According to the Constitution (Article 169), the creation or abolition of Legislative Councils in states can indeed be facilitated by Parliament through a special resolution passed by the concerned state's assembly.

3. Statement 3 is incorrect: In a bicameral system, the Legislative Council serves as the upper house, and the Legislative Assembly serves as the lower house. The statement erroneously reverses the roles of the two houses.

Therefore, the correct answer is Option B: 1 and 2 Only.

Statement-I is correct because it highlights the structural differences in state legislatures in India, noting the presence of both unicameral and bicameral systems across various states.
Statement-II is also correct as it accurately describes the roles of the legislative council and the legislative assembly in states with a bicameral system. The legislative council indeed functions as the upper house, while the legislative assembly serves as the lower house, providing a clear hierarchy and division of responsibilities in the legislative process.
Therefore, both statements are factually accurate, and Statement-II logically explains the context provided in Statement-I.

The primary distinction lies in the duration of membership terms between the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). Members of the Legislative Assembly serve a fixed five-year term, starting from their first sitting, unless dissolved earlier. On the other hand, the Legislative Council operates on a rotational system, where one-third of its members retire every two years. This difference signifies the unique characteristics of these legislative bodies, with the Assembly emphasizing fixed terms and the Council focusing on continuity through a rotational system.

Statement 1: The Legislative Council (Vidhan Parishad) is a permanent body and one-third of its members retire every two years.
- This statement is correct. The Legislative Council is indeed a permanent body, and one-third of its members retire every two years, ensuring continuity.

Statement 2: Members of the Legislative Assembly (Vidhan Sabha) serve a six-year term unless dissolved earlier.
- This statement is incorrect. Members of the Legislative Assembly serve a five-year term, not six years, unless the Assembly is dissolved earlier.

Statement 3: Under Article 356 President's Rule, can be extended for a period  of 3 years upon Parliament's approval.

- This statement is correct.The President's Rule is initially for a period of six months. Later, it can be extended for a period of three years with parliamentary approval, every six months.

Therefore, the correct statements are 1 and 3.

Answer: Option C: 1 and 3 Only

1. Legislative Assembly Term: Five years from the first sitting - Correct - Members of the Legislative Assembly serve a five-year term starting from their first sitting unless dissolved earlier.

2. Legislative Council Term: Members retire every six years - Incorrect - The Legislative Council operates on a rotational system where one-third of its members retire every two years, not every six years.

3. Speaker of the Assembly: Elected by the Legislative Council - Incorrect - The Speaker of the Assembly is elected by the members of the Legislative Assembly, not the Legislative Council.

4. Governor's Role in Sessions: Advises the Chief Minister to convene sessions - Correct - The Governor convenes and concludes sessions of the state legislature based on the advice of the Chief Minister.

Thus, only pairs 1 and 4 are correctly matched. So, the correct option is B: Only two pairs.

Statement-I correctly describes the duration of members in the Legislative Assembly, serving a standard five-year term, unless dissolved earlier. Statement-II accurately explains the operation of the Legislative Council with its rotational system, where one-third of members retire every two years, ensuring a continuous presence and periodic infusion of new members. This system is different from the fixed term of the Legislative Assembly, thus supporting the idea that both statements are correct, with Statement-II explaining the unique characteristic of the Legislative Council's membership structure.

In the state legislative procedure, an ordinary bill typically goes through stages such as Introduction, Detailed consideration, Voting in both houses, followed by the Assent of the Governor, and finally the Assent of the President. This process ensures thorough scrutiny and approval at various levels of the state legislature before becoming a law.