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Which of the following statements regarding a State Legislative Council is NOT correct?
- a)Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.
- b)Two-thirds of its members are indirectly elected every second year.
- c)Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.
- d)Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.
Correct answer is option 'B'. Can you explain this answer?
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Verified Answer
Which of the following statements regarding a State Legislative Counci...
- The power of abolition and creation of the State Legislative Council in a State is vested in the Parliament of India as per article 169. However, again, to create or to abolish a State Legislative Council in a State, the State Legislative Assembly of the State concerned must pass a resolution, which must be supported by a majority of the strength of the House and (2/3rd) majority of those present and voting (Absolute + Special Majority). So option (a) is correct.
- According to Article 171, members of the State Legislative Councils are indirectly elected by the system of proportional representation using a single transferable vote. Also, like the Rajya Sabha, a State Legislative Council in a State is a continuing chamber, ie, not subject to dissolution. However, one third (and not two-third) of its members retire on the expiration of every second year. So Option (b) is not correct.
- According to Article 169 and Article 171, the Constitution has fixed the maximum strength of the number of members of a State Legislative Council at one-third of the total strength of the State Legislative Assembly of the State concerned and minimum strength is fixed at 40. Although the Constitution has fixed maximum and minimum limits to the number of members of a State Legislative Council in a State but the Parliament fixes the actual strength of a State Legislative Council. The present scheme of the composition of the State Legislative Councils as laid down in the Constitutional Article 171, is only tentative and not final. Therefore, the Parliament is authorised to modify or replace the same. However, it has not enacted any such law so far. So, Options (c) and (d) are correct.
Therefore the answer is (b) as it is the only Incorrect option.
Most Upvoted Answer
Which of the following statements regarding a State Legislative Counci...
Introduction:
The State Legislative Council is the upper house of the state legislature in some states of India. It is also known as the Vidhan Parishad. The creation, composition, and functioning of the State Legislative Council are governed by the provisions of the Constitution of India.
Explanation:
The correct answer is option 'B' - "Two-thirds of its members are indirectly elected every second year." This statement is not correct because the members of the State Legislative Council are not elected every second year.
Creation or abolition:
a) Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.
The creation or abolition of the State Legislative Council is determined by the State Legislative Assembly of the concerned state. However, any such resolution passed by the State Legislative Assembly needs to be agreed upon by both Houses of Parliament before it can be implemented.
Composition:
b) Two-thirds of its members are indirectly elected every second year.
This statement is not correct. The members of the State Legislative Council are not elected every second year. The composition of the Council is as follows:
- One-third of the members are elected by the members of the Local Authorities such as Municipalities, District Boards, etc.
- One-third of the members are elected by the members of the State Legislative Assembly.
- One-twelfth of the members are elected by persons who are graduates of at least three years' standing in the state and are registered as voters in their respective constituencies.
- One-twelfth of the members are elected by persons who are engaged in teaching in educational institutions within the state, not lower in standard than secondary schools, and have been so engaged for at least three years.
Size of the Council:
c) Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.
The maximum size of the State Legislative Council is not directly dependent on the size of the State Legislative Assembly. The Constitution has fixed the maximum and minimum limits on the strength of the State Legislative Council, and the actual number of members is determined by the Parliament.
Actual number of members:
d) Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.
This statement is correct. While the Constitution provides for the maximum and minimum limits on the strength of the State Legislative Council, the actual number of members is fixed by the Parliament through legislation. The Parliament determines the actual number of seats based on factors such as the population, area, and other relevant considerations of the state concerned.
The State Legislative Council is the upper house of the state legislature in some states of India. It is also known as the Vidhan Parishad. The creation, composition, and functioning of the State Legislative Council are governed by the provisions of the Constitution of India.
Explanation:
The correct answer is option 'B' - "Two-thirds of its members are indirectly elected every second year." This statement is not correct because the members of the State Legislative Council are not elected every second year.
Creation or abolition:
a) Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.
The creation or abolition of the State Legislative Council is determined by the State Legislative Assembly of the concerned state. However, any such resolution passed by the State Legislative Assembly needs to be agreed upon by both Houses of Parliament before it can be implemented.
Composition:
b) Two-thirds of its members are indirectly elected every second year.
This statement is not correct. The members of the State Legislative Council are not elected every second year. The composition of the Council is as follows:
- One-third of the members are elected by the members of the Local Authorities such as Municipalities, District Boards, etc.
- One-third of the members are elected by the members of the State Legislative Assembly.
- One-twelfth of the members are elected by persons who are graduates of at least three years' standing in the state and are registered as voters in their respective constituencies.
- One-twelfth of the members are elected by persons who are engaged in teaching in educational institutions within the state, not lower in standard than secondary schools, and have been so engaged for at least three years.
Size of the Council:
c) Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.
The maximum size of the State Legislative Council is not directly dependent on the size of the State Legislative Assembly. The Constitution has fixed the maximum and minimum limits on the strength of the State Legislative Council, and the actual number of members is determined by the Parliament.
Actual number of members:
d) Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.
This statement is correct. While the Constitution provides for the maximum and minimum limits on the strength of the State Legislative Council, the actual number of members is fixed by the Parliament through legislation. The Parliament determines the actual number of seats based on factors such as the population, area, and other relevant considerations of the state concerned.
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Which of the following statements regarding a State Legislative Council is NOTcorrect?a)Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.b)Two-thirds of its members are indirectly elected every second year.c)Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.d)Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.Correct answer is option 'B'. Can you explain this answer?
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Which of the following statements regarding a State Legislative Council is NOTcorrect?a)Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.b)Two-thirds of its members are indirectly elected every second year.c)Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.d)Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.Correct 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 Which of the following statements regarding a State Legislative Council is NOTcorrect?a)Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.b)Two-thirds of its members are indirectly elected every second year.c)Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.d)Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.Correct 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 Which of the following statements regarding a State Legislative Council is NOTcorrect?a)Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.b)Two-thirds of its members are indirectly elected every second year.c)Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.d)Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.Correct answer is option 'B'. Can you explain this answer?.
Which of the following statements regarding a State Legislative Council is NOTcorrect?a)Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.b)Two-thirds of its members are indirectly elected every second year.c)Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.d)Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.Correct 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 Which of the following statements regarding a State Legislative Council is NOTcorrect?a)Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.b)Two-thirds of its members are indirectly elected every second year.c)Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.d)Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.Correct 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 Which of the following statements regarding a State Legislative Council is NOTcorrect?a)Its creation or abolition is at the will of the State Legislative Assembly of the State concerned agreed upon by Parliament.b)Two-thirds of its members are indirectly elected every second year.c)Maximum size of the State Legislative Council depends on the size of the State Legislative Assembly of the State concerned.d)Although the Constitution has fixed the maximum and minimum limits on the strength of the number of members of the State Legislative Council but the Parliament fixes the actual number.Correct answer is option 'B'. Can you explain this answer?.
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