Which one of the following is not a correct statement regarding the pr...
C is incorrect.
The total number of members in the Legislative Council of a State having such a Council shall not exceed one-third of the total number of members in the Legislative Assembly of that State:
Provided that the total number of members in the Legislative Council of a State shall in no case be less than forty.
Of the total number of members of the Legislative council of a State-
(a) as nearly as may be, one-third shall be elected by electorates consisting of members of municipalities, district boards, and such other local authorities in the State as Parliament may by law specify;
(b) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons residing in the State who have been for at least three years graduates of any university in the territory of India or have been for at least three years in possession of qualifications prescribed by or under any law made by Parliament as equivalent to that of a graduate of any such university;
(c) as nearly as may be, one-twelfth shall be elected by electorates consisting of persons who have been for at least three years engaged in teaching in such educational institutions within the State, not lower in standard than that of a secondary school, as may be prescribed by or under any law made by Parliament;
(d) as nearly as may be, one-third shall be elected by the members of the Legislative Assembly of the State from amongst persons who are not members of the Assembly;
(e) the remainder shall be nominated by the Governor in accordance with the provisions of the clause.
There are only seven states which have two-tier of the legislature – Uttar Pradesh, Maharashtra, Bihar, Karnataka, Andhra Pradesh, Telangana, and Jammu & Kashmir.
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Which one of the following is not a correct statement regarding the pr...
Incorrect Statement: c) One twelfth of all members shall be elected by electorates consisting of local bodies and authorities
Explanation:
The provision of Legislative Council in the State Legislature is mentioned in Article 169 of the Indian Constitution. The Legislative Council is the upper house of the State Legislature and is also known as the Vidhan Parishad. It is not present in all states of India, and its establishment or abolition is determined by the Parliament based on a resolution passed by the State Legislature concerned.
The correct statements regarding the provision of Legislative Council in the State Legislature are as follows:
a) The States of Bihar and Telangana have Legislative Councils: This statement is correct. Bihar and Telangana are among the few states in India that have Legislative Councils. The Legislative Council provides a platform for the representation of various sections of society and acts as a revising chamber for the legislation passed by the Legislative Assembly.
b) The total number of members in the Legislative Council of a State shall not exceed one third of the total number of members in the Legislative Assembly: This statement is correct. According to Article 171 of the Indian Constitution, the total number of members in the Legislative Council of a State shall not exceed one third of the total number of members in the Legislative Assembly, but the minimum number of members in the Legislative Council cannot be less than 40.
d) One twelfth of all members shall be elected by graduates residing in the State: This statement is correct. According to Article 171(3)(a) of the Indian Constitution, one twelfth of the members of the Legislative Council shall be elected by electorates consisting of persons residing in the State who have been graduates of any university in the territory of India or have been in possession of such qualifications as may be prescribed by the Parliament.
Therefore, the correct answer is option 'c' because the statement that one twelfth of all members shall be elected by electorates consisting of local bodies and authorities is not a correct statement regarding the provision of Legislative Council in the State Legislature.