Laxmikanth Test: State Legislature


10 Questions MCQ Test Indian Polity for UPSC CSE | Laxmikanth Test: State Legislature


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QUESTION: 1

Consider the following statements.

1. The Constitution provides for the abolition or creation of legislative councils in states

2. The Parliament can abolish a legislative council if the legislative assembly of the concerned state passes a resolution to that effect

3. Such a specific resolution must be passed by the state assembly by a simple majority 

Which of these statements is/are correct?

Solution: The Constitution provides for the abolition or creation of legislative councils in states. Accordingly, the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect. Such a specific resolution must be passed by the state assembly by a special majority, that is, 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.

QUESTION: 2

Consider the following statements.

1. The legislative assembly consists of representatives directly elected by the people on the basis of universal adult franchise

2. Its maximum strength is fixed at 500 and minimum strength at 40

Which of these statements is/are correct?

Solution: The legislative assembly consists of representatives directly elected by the people on the basis of universal adult franchise. Its maximum strength is fixed at 500 and minimum strength at 60.

QUESTION: 3

Consider the following statements about the Legislative Council.

1. The members are elected in accordance with the system of proportional representation by means of a single transferable vote

2. The bonafides or propriety of the governor's nomination in any case cannot be challenged in the courts

3. This scheme of composition of a legislative council as laid down in the Constitution is tentative and not final

Choose from the following options.

Solution: The members are elected in accordance with the system of proportional representation by means of a single transferable vote. The bonafides or propriety of the governor's nomination in any case cannot be challenged in the courts. This scheme of composition of a legislative council as laid down in the Constitution is tentative and not final. The Parliament is authorised to modify or replace the same. However, it has not enacted any such law so far.

QUESTION: 4

Consider the following statements about the Legislative Council.

1. The vacant seats are filled up by fresh elections and nominations at the beginning of every third year

2. The retiring members are not eligible for re-election and re-nomination any number of times

Which of these statements are correct?

Solution:

Members are now elected or nominated for six years and one-third of them retire on the expiration of every second year, so a member continues as such for six years. The vacant seats are filled up by fresh elections and nominations (by Governor) at the beginning of every third year.

The retiring members are also eligible for re-election and re-nomination any number of times. The Presiding Officers of Vidhan Parishad are Chairman and Deputy Chairman.

QUESTION: 5

Consider the following statements.

1. Quorum is the minimum number of members required to be present in the House before it can transact any business.

2. It is ten members or one-tenth of the total number of members of the House, excluding the presiding officer, whichever is greater

Which of these statements is/are correct?

Solution: Quorum is the minimum number of members required to be present in the House before it can transact any business. It is ten members or one-tenth of the total number of members of the House (including the presiding officer), whichever is greater.

QUESTION: 6

Consider the following statements.

1. As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly

2. The Speaker decides whether a bill is a Money Bill or not and his decision on this question is final

Which of these statements is/are correct?

Solution:

As a presiding officer, the powers and functions of the Chairman in the council are similar to those of the Speaker in the assembly. However, the Speaker has one special power which is not enjoyed by the Chairman.

The Speaker decides whether a bill is a Money Bill or not and his decision on this question is final.

 

QUESTION: 7

In which of the following matters, the powers and status of council are broadly equal to that of the assembly?

1. Introduction and passage of ordinary bills.

2. Approval of ordinances issued by the governor

3. Selection of ministers including the chief minister

Choose from the following options.

Solution:

To the following matters, the powers and status of the council are broadly equal to that of the assembly:

1. Introduction and passage of ordinary bills. However, in case of disagreement between the two Houses, the will of the assembly prevails over that of the council.

2. Approval of ordinances issued by the Governor

3. Selection of ministers including the chief minister. Under the Constitution the ministers including the chief minister can be members of either House of the state legislature. However, irrespective of their membership, they are responsible only to the assembly.

4. Consideration of the reports of the constitutional bodies like State Finance Commission, state public service commission and Comptroller and Auditor General of India.

5. Enlargement of the jurisdiction of the state public service commission.

QUESTION: 8

Which of the following statements is/are correct?

1. The council can discuss and criticise the policies and activities of the Government.

2. When an ordinary bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends

Which of these statements is/are correct?

Solution: The council cannot remove the council of ministers by passing a no-confidence motion. This is because the council of ministers is collectively responsible only to the assembly. But, the council can discuss and criticise the policies and activities of the Government. When an ordinary bill, which has originated in the council and was sent to the assembly, is rejected by the assembly, the bill ends.

QUESTION: 9

Consider the following statements.

1. Privileges of a state legislature are a sum of special rights, immunities and exemptions enjoyed by the Houses of state legislature, their committees and their members

2. They are necessary in order to secure the independence and effectiveness of their actions

Which of these statements is/are correct?

Solution: Privileges of a state legislature are a sum of special rights, immunities and exemptions enjoyed by the Houses of state legislature, their committees and their members. They are necessary in order to secure the independence and effectiveness of their actions. Without these privileges, the Houses can neither maintain their authority, dignity and honour nor can protect their members from any obstruction in the discharge of their legislative responsibilities.

QUESTION: 10

Consider the following privileges belonging to the members of the state legislature.

1. They cannot be arrested during the session of state legislature in the cases pertaining to Civil matters.

2. They can refuse to give evidence in a court when the state legislature is in session 

3. They have freedom of speech and Movement in the state legislature 

Which of these statements is/are correct?

Solution: The privileges belonging to the members individually are

1. They cannot be arrested during the session of the state legislature and 40 days before the beginning and 40 days after the end of such session. This privilege is available only in civil cases and not in criminal cases or preventive detention cases.

2. They have freedom of speech in the state legislature. No member is liable to any proceedings in any court for anything said or any vote given by him in the state legislature or its committees. This freedom is subject to the provisions of the Constitution and to the rules and standing orders regulating the procedure of the state legislature'.

3. They are exempted from jury service. They can refuse to give evidence and appear as a witness in a case pending in a court when the state legislature is in session.

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