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Consider the following statements regarding the State Legislative Council:
1. The resolution for the creation of a legislative council must be passed by the state assembly with a special majority.
2. The Constitution of India provides power to the Parliament to create or abolish legislative councils in a State.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'C'. Can you explain this answer?
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Verified Answer
Consider the following statements regarding the State Legislative Cou...
Statement 1 is correct: The resolution for creation of legislative council must be passed by state assembly with a special majority i.e. majority of total membership of the House and a majority of not less than two-third of the members of the House present and voting.
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Statement 2 is correct: The Constitution of India provides for the creation and abolition of legislative councils in states by the Parliament provided the resolution to that effect must be passed by the concerned state legislature. The Act of the Parliament is not to be deemed as an amendment to the Constitution for the purpose of Article 368 and is passed like an ordinary bill.
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Consider the following statements regarding the State Legislative Cou...
Explanation:
The State Legislative Council is the upper house of the state legislature in India. It is a permanent body and is not subject to dissolution. The Constitution of India provides for the creation or abolition of the Legislative Council in a state. Let's analyze the given statements:
Statement 1: The resolution for the creation of a legislative council must be passed by the state assembly with a special majority.
The creation of a Legislative Council requires a special majority in the state assembly. A special majority means that the resolution must be passed by a majority of the total membership of the assembly, as well as by a majority of not less than two-thirds of the members present and voting. This ensures that the creation of a Legislative Council is a well-considered decision with broad support.
Statement 2: The Constitution of India provides power to the Parliament to create or abolish legislative councils in a State.
This statement is also correct. The Constitution of India empowers the Parliament to create or abolish Legislative Councils in states. Article 169 of the Constitution deals with the creation or abolition of Legislative Councils. It states that the Parliament may, by law, provide for the creation or abolition of the Council in a state if the Legislative Assembly of the state passes a resolution to that effect.
Conclusion:
Both the statements are correct. The creation of a Legislative Council requires a special majority in the state assembly, and the Constitution of India provides power to the Parliament to create or abolish Legislative Councils in states. Therefore, the correct answer is option 'C' - Both 1 and 2.
The State Legislative Council is the upper house of the state legislature in India. It is a permanent body and is not subject to dissolution. The Constitution of India provides for the creation or abolition of the Legislative Council in a state. Let's analyze the given statements:
Statement 1: The resolution for the creation of a legislative council must be passed by the state assembly with a special majority.
The creation of a Legislative Council requires a special majority in the state assembly. A special majority means that the resolution must be passed by a majority of the total membership of the assembly, as well as by a majority of not less than two-thirds of the members present and voting. This ensures that the creation of a Legislative Council is a well-considered decision with broad support.
Statement 2: The Constitution of India provides power to the Parliament to create or abolish legislative councils in a State.
This statement is also correct. The Constitution of India empowers the Parliament to create or abolish Legislative Councils in states. Article 169 of the Constitution deals with the creation or abolition of Legislative Councils. It states that the Parliament may, by law, provide for the creation or abolition of the Council in a state if the Legislative Assembly of the state passes a resolution to that effect.
Conclusion:
Both the statements are correct. The creation of a Legislative Council requires a special majority in the state assembly, and the Constitution of India provides power to the Parliament to create or abolish Legislative Councils in states. Therefore, the correct answer is option 'C' - Both 1 and 2.
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Consider the following statements regarding the State Legislative Council:1. The resolution for the creation of a legislative council must be passed by the state assembly with a special majority.2. The Constitution of India provides power to the Parliament to create or abolish legislative councils in a State.Which of the statements given above is/are correct?a) 1 onlyb) 2 onlyc) Both 1 and 2d) Neither 1 nor 2Correct answer is option 'C'. Can you explain this answer?
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