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With reference to the Legislative Councils, consider the following statements:
1. It is the indirectly elected upper house in the state legislature present in 6 states only.
2. The creation of the legislative council of states needs a constitutional amendment.
3. It is a permanent body which cannot be dissolved.
4. It enjoys equal powers as the legislative assembly for ordinary bills.
Which of the statements given above is/are correct?
  • a)
    1 and 2 only
  • b)
    1 and 3 only
  • c)
    3 only
  • d)
    1, 2, 3 and 4
Correct answer is option 'B'. Can you explain this answer?
Verified Answer
With reference to the Legislative Councils, consider the following sta...
India has a bicameral system i.e., two Houses of Parliament. At the state level, the equivalent of the Lok Sabha is the Vidhan Sabha or Legislative Assembly; that of the Rajya Sabha is the Vidhan Parishad or Legislative Council. A second House of the legislature is considered important for two reasons: one, to act as a check on hasty actions by the popularly elected House and, two, to ensure that individuals who might not be cut out for the rough-and-tumble of direct elections too are able to contribute to the legislative process.
  • Statement 1 is correct: Most of the members of the legislative council are indirectly elected. 5/6th of the members are indirectly elected and the Governor also nominates 1/6th of the members.
  • 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.
  • Currently, 6 Indian states have it Bihar, Uttar Pradesh, Maharashtra, Karnataka, Andhra Pradesh and Telangana. Recently the legislative council of Jammu and Kashmir was abolished.
  • Statement 2 is not correct: the Parliament can abolish a legislative council or create it 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. This Act of Parliament is not to be deemed as anamendment of the Constitution for the purposes of Article 368 and is passed as an ordinary piece of legislation by a simple majority.
  • Statement 3 is correct: Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. But, one-third of its members retire on the expiration of every second year.
  • Statement 4 is not correct: An ordinary bill can originate in either House of the state legislature. If the assembly rejects the amendments suggested by the council or the council rejects the bill altogether or does not take any action for three months, then the assembly may pass the bill again and transmit the same to the council. If the council rejects the bill again or passes the bill with amendments not acceptable to the assembly or does not pass the bill within one month, then the bill is deemed to have been passed by both the Houses in the form in which it was passed by the assembly for the second time.
  • Therefore, the ultimate power of passing an ordinary bill is vested in the assembly. At most, the council can detain or delay the bill for a period of four months three months in the first instance and one month in the second instance. The Constitution does not provide for the mechanism of a joint sitting of both the Houses.
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Most Upvoted Answer
With reference to the Legislative Councils, consider the following sta...
Statement 1: It is the indirectly elected upper house in the state legislature present in 6 states only.
This statement is correct. Legislative Councils, also known as Vidhan Parishads, exist in six states of India: Andhra Pradesh, Bihar, Jammu and Kashmir, Karnataka, Maharashtra, and Uttar Pradesh. These councils are the upper houses of the state legislature and are indirectly elected by members of local bodies, graduates, and teachers.

Statement 2: The creation of the legislative council of states needs a constitutional amendment.
This statement is correct. The creation or abolition of a Legislative Council requires a constitutional amendment. Article 169 of the Indian Constitution provides for the creation or abolition of Legislative Councils in states. A resolution must be passed by the state legislature by a special majority and then sent to the Parliament for approval through a constitutional amendment.

Statement 3: It is a permanent body which cannot be dissolved.
This statement is incorrect. Legislative Councils are not permanent bodies and can be abolished. Article 169 of the Indian Constitution allows for the abolition of Legislative Councils if a resolution to that effect is passed by the state legislature with a special majority. Once the resolution is approved by Parliament, the Legislative Council can be dissolved.

Statement 4: It enjoys equal powers as the legislative assembly for ordinary bills.
This statement is incorrect. While Legislative Councils have certain powers, they do not enjoy equal powers as the Legislative Assembly for ordinary bills. The Legislative Assembly, which is the directly elected lower house, has the final say in matters related to ordinary bills. The Legislative Council can only suggest amendments to such bills, and the Assembly has the power to accept or reject those amendments. However, in the case of a money bill, the Legislative Council can only delay its passage for a maximum of 14 days, after which it automatically becomes law.

Therefore, the correct statements are:
- Statement 1: It is the indirectly elected upper house in the state legislature present in 6 states only.
- Statement 2: The creation of the legislative council of states needs a constitutional amendment.
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With reference to the Legislative Councils, consider the following statements:1. It is the indirectly elected upper house in the state legislature present in 6 states only.2. The creation of the legislative council of states needs a constitutional amendment.3. It is a permanent body which cannot be dissolved.4. It enjoys equal powers as the legislative assembly for ordinary bills.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2, 3 and 4Correct answer is option 'B'. Can you explain this answer?
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With reference to the Legislative Councils, consider the following statements:1. It is the indirectly elected upper house in the state legislature present in 6 states only.2. The creation of the legislative council of states needs a constitutional amendment.3. It is a permanent body which cannot be dissolved.4. It enjoys equal powers as the legislative assembly for ordinary bills.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2, 3 and 4Correct answer is option 'B'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about With reference to the Legislative Councils, consider the following statements:1. It is the indirectly elected upper house in the state legislature present in 6 states only.2. The creation of the legislative council of states needs a constitutional amendment.3. It is a permanent body which cannot be dissolved.4. It enjoys equal powers as the legislative assembly for ordinary bills.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2, 3 and 4Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the Legislative Councils, consider the following statements:1. It is the indirectly elected upper house in the state legislature present in 6 states only.2. The creation of the legislative council of states needs a constitutional amendment.3. It is a permanent body which cannot be dissolved.4. It enjoys equal powers as the legislative assembly for ordinary bills.Which of the statements given above is/are correct?a)1 and 2 onlyb)1 and 3 onlyc)3 onlyd)1, 2, 3 and 4Correct answer is option 'B'. Can you explain this answer?.
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