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With reference to the State Legislative Council in India, which among the following statements is / are correct?
1. The Legislative Council is a continuing House & two third of the members retire in two years.
2. Members of local bodies elect one-third of the total number of members of the legislative council
3. If a state legislative council is to be created or abolished , a resolution to that effect is to be first passed by the State legislature by a two-third majority Choose the correct option from the codes given below:
  • a)
    Only 1 & 2
  • b)
    Only 2 & 3
  • c)
    Only 1 & 3
  • d)
    1, 2 & 3
Correct answer is option 'B'. Can you explain this answer?
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With reference to the State Legislative Council in India, which among...
The first statement is factually incorrect. Legislative Council is a continuing House and one-third of the members retire in two years.
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Read the following passage and answer the question as directed.The {X} Assembly in January, 2020 passed a resolution to pave way for abolition of the Legislative Council.Chief Minister of {X} moved a statutory resolution in the Assembly earlier in the day, seeking the abolition of the Legislative Council, which was approved by the members.Earlier, the State Cabinet chaired by the Chief Minister passed a resolution to abolish the council. The resolution was later moved in the Assembly and after a debate was approved with 133 members present in the 175-member House.The Chief Minister said that there was no need to have a council which was creating hurdles in making laws by elected representatives. Justifying the move, he said that the Council Chairmans decision to refer important bills passed by the Legislative Assembly to the Select Committee had caused concern among members of the Assembly and was against the interest of the people.The {X} Legislative Council with 58 members is dominated by the opposition Telugu Desam Party with 32 members and the ruling YSR Congress Party has 9 members. With the numbers not expected to change for at least two more years, the Jagan Government expects a tough task in carrying out legislative business. Government is facing the heat with the Legislative Council trying to block the proposed three capitals, as opposed to Amaravati as a capital city which was being developed by the N. Chandrababu Naidu regime. Government sees this as a move to provide a decentralised development model for the State.While the Legislative Assembly passed the bills seeking the three capitals and repeal of the {X} Capital Area Development Authority, the TDP-dominated Council has been insisting on referring them to a select committee.During the NT Rama Rao-led Telugu Desam regime, the Council was abolished in the united {X} in 1985, which was later revived by the Congress regime.Q.Which of the following statements do not qualify for the eligibility to become a Member of Legislative Council (MLC)?(i) It is necessary that a person who is elected to the Legislative Council should also be eligible to be chosen for the Legislative Assembly.(ii) The member must be of minimum 40 years of age.(iii) The member should hold the office of profit.(iv) The member shouldnt be an undischarged insolvent.

Directions: Read the following passage and answer the question.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. Based on the arguments advanced in the first paragraph of the passage, if any legislation is challenged before the court, what is the best course of action that courts can take?

Directions: Read the following passage and answer the question.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. A person approached the Supreme Court contending that a law passed by the Parliament takes away his fundamental right and prayed that the Court must stay the operation of law at first instance and then he would move forward to prove that law is unconstitutional as it violates fundamental rights of the petitioner. Decide.

Directions: Read the following passage and answer the question.Under the broad framework of judicial review under the Constitution, the Supreme Court and High Courts have the power to declare any law unconstitutional, either because it is ultra vires (or, contrary to any provision of the Constitution) or it violates any of the fundamental rights, invalid because it is repugnant to a central law on the same subject or has been enacted without legislative jurisdiction. However, interim orders staying or suspending laws enacted by the legislature are frowned upon by constitutional courts and legal scholars. The general argument is that unless there are compelling reasons such as flagrant lack of constitutional validity, or absence of legislative competence (that is, the legislative body concerned lacks the jurisdiction to enact the law in question), a law ought not to be stayed.Why is it considered unusual for a court to suspend a law or its operation?The main principle is that suspending a law made by the legislature goes against the concept of separation of powers. Courts are expected to defer to the legislature's wisdom at the threshold of a legal challenge to the validity of a law. The validity of a law ought to be considered normally only at the time of final adjudication, and not at the initial stage. The second principle is that there is a presumption that every law enacted by any legislature is constitutional and valid. The onus is on those challenging it to prove that it is not. Therefore, courts are circumspect when hearing petitions seeking suspension of a law pending a detailed adjudication.How did the SC justify its order on farm laws?This court cannot be said to be completely powerless to grant stay of any executive action under a statutory enactment, the Bench observed in its order. This means that it was apparently making a distinction between staying a law and staying its implementation or any action under it. Some may argue, however, that the effect remains the same, as the order operates as a stay on the government invoking its provisions.Q. Imagine a situation that a state made law encroaching on the subjects mentioned in the union list. Union of India approached the Supreme Court and prima facie proved that indeed the encroachment is happening on the union list. Can the law be stayed by the Supreme Court at first instance? Decide.

Directions: Kindly read the passage carefully and answer the questions given beside.Part IV of the Constitution contains Directive Principles of State Policy which provide guidelines for the government to govern the country. These Directives are different from the Fundamental Rights contained in Part III of the Constitution and the ordinary laws of the land in several respects. They are not enforceable in courts and do not create any justiciable rights in favor of individuals. They require implementation by legislation and do not confer or take away any legislative power from the appropriate legislature. The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles, nor can they compel the government to carry out any Directives or to make any law for that purpose. However, it is the duty of the state to implement the Directives subject to the limitations imposed by different provisions of the Constitution upon the exercise of legislative and executive power by the state The Sub-committee on Fundamental Rights constituted by the Constituent Assembly suggested two types of Fundamental Rights — one which can be enforced in the Courts of law and the other which because of their different nature cannot be enforced in the law Courts. Later on however, the former were put under the head ‘Fundamental Rights’ as Part III which we have already discussed and the latter were put separately in Part IV of the Constitution under the heading ‘Directive Principles of State Policy’ which are discussed in the following pages. The Articles included in Part IV of the Constitution (Articles 36 to 51) contain certain Directives which are the guidelines for the Government to lead the country. Article 37 provides that the ‘provisions contained in this part (i) shall not be enforceable by any Court, but the principles therein laid down are neverthless (ii) fundamental in the governance of the country and it shall be the duty of the state to apply these principles in making laws. The Directives, however, differ from the fundamental rights contained in PartIII of the Constitution or the ordinary laws of the land in the following respects: (i) The Directives are not enforceable in the courts and do not create any justiciable rights in favour of individuals. (ii) The Directives require to be implemented by legislation and so long as there is no law carrying out the policy laid down in a Directive, neither the state nor an individual can violate any existing law. (iii) The Directives per-se do not confer upon or take away any legislative power from the appropriate legislature. (iv) The courts cannot declare any law as void on the ground that it contravenes any of the Directive Principles. (v) The courts are not competent to compel the Government to carry out any Directives or to make any law for that purpose. (vi) Though it is the duty of the state to implement the Directives, it can do so only subject to the limitations imposed by the different provisions of the Constitution upon the exercise of the legislative and executive power by the state.Q. How do Directive Principles of State Policy differ from Fundamental Rights?

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With reference to the State Legislative Council in India, which among the following statements is / are correct?1. The Legislative Council is a continuing House & two third of the members retire in two years.2. Members of local bodies elect one-third of the total number of members of the legislative council3. If a state legislative council is to be created or abolished , a resolution to that effect is to be first passed by the State legislature by a two-third majority Choose the correct option from the codes given below:a)Only 1 & 2b)Only 2 & 3c)Only 1 & 3d)1, 2 & 3Correct answer is option 'B'. Can you explain this answer?
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With reference to the State Legislative Council in India, which among the following statements is / are correct?1. The Legislative Council is a continuing House & two third of the members retire in two years.2. Members of local bodies elect one-third of the total number of members of the legislative council3. If a state legislative council is to be created or abolished , a resolution to that effect is to be first passed by the State legislature by a two-third majority Choose the correct option from the codes given below:a)Only 1 & 2b)Only 2 & 3c)Only 1 & 3d)1, 2 & 3Correct answer is option 'B'. Can you explain this answer? for CLAT 2025 is part of CLAT preparation. The Question and answers have been prepared according to the CLAT exam syllabus. Information about With reference to the State Legislative Council in India, which among the following statements is / are correct?1. The Legislative Council is a continuing House & two third of the members retire in two years.2. Members of local bodies elect one-third of the total number of members of the legislative council3. If a state legislative council is to be created or abolished , a resolution to that effect is to be first passed by the State legislature by a two-third majority Choose the correct option from the codes given below:a)Only 1 & 2b)Only 2 & 3c)Only 1 & 3d)1, 2 & 3Correct answer is option 'B'. Can you explain this answer? covers all topics & solutions for CLAT 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for With reference to the State Legislative Council in India, which among the following statements is / are correct?1. The Legislative Council is a continuing House & two third of the members retire in two years.2. Members of local bodies elect one-third of the total number of members of the legislative council3. If a state legislative council is to be created or abolished , a resolution to that effect is to be first passed by the State legislature by a two-third majority Choose the correct option from the codes given below:a)Only 1 & 2b)Only 2 & 3c)Only 1 & 3d)1, 2 & 3Correct answer is option 'B'. Can you explain this answer?.
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