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Consider the following statements with reference to the State Legislatures:
There exists no uniformity in organisation of State Legislatures in India.
Creation/abolition of a State Legislative Council is not deemed as a constitutional amendment.
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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Consider the following statements with reference to the State Legisla...
Introduction:
The State Legislatures in India are the legislative bodies at the state level. They are responsible for making laws and regulations for the respective states. The organization and functioning of State Legislatures are governed by the Constitution of India.
Explanation:
Statement 1: There exists no uniformity in the organisation of State Legislatures in India.
This statement is correct. The Constitution of India provides for a bicameral legislature at the state level, consisting of two houses - the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). However, not all states have a Legislative Council. At present, only seven states have a Legislative Council, while the remaining states have a unicameral legislature, consisting of only the Legislative Assembly. The size, composition, and functioning of the Legislative Assembly and Legislative Council vary from state to state, leading to a lack of uniformity in their organization.
Statement 2: Creation/abolition of a State Legislative Council is not deemed as a constitutional amendment.
This statement is also correct. According to Article 169 of the Constitution of India, the creation or abolition of a Legislative Council in a state can be done by a simple majority of the total membership of the Legislative Assembly of that state. It does not require a constitutional amendment. However, if the Parliament wants to create or abolish a Legislative Council in a Union Territory, it would require a constitutional amendment as per Article 240(3)(b) of the Constitution.
Conclusion:
In conclusion, both the statements given in the question are correct. There is no uniformity in the organization of State Legislatures in India, and the creation or abolition of a State Legislative Council does not require a constitutional amendment.
The State Legislatures in India are the legislative bodies at the state level. They are responsible for making laws and regulations for the respective states. The organization and functioning of State Legislatures are governed by the Constitution of India.
Explanation:
Statement 1: There exists no uniformity in the organisation of State Legislatures in India.
This statement is correct. The Constitution of India provides for a bicameral legislature at the state level, consisting of two houses - the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). However, not all states have a Legislative Council. At present, only seven states have a Legislative Council, while the remaining states have a unicameral legislature, consisting of only the Legislative Assembly. The size, composition, and functioning of the Legislative Assembly and Legislative Council vary from state to state, leading to a lack of uniformity in their organization.
Statement 2: Creation/abolition of a State Legislative Council is not deemed as a constitutional amendment.
This statement is also correct. According to Article 169 of the Constitution of India, the creation or abolition of a Legislative Council in a state can be done by a simple majority of the total membership of the Legislative Assembly of that state. It does not require a constitutional amendment. However, if the Parliament wants to create or abolish a Legislative Council in a Union Territory, it would require a constitutional amendment as per Article 240(3)(b) of the Constitution.
Conclusion:
In conclusion, both the statements given in the question are correct. There is no uniformity in the organization of State Legislatures in India, and the creation or abolition of a State Legislative Council does not require a constitutional amendment.
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Consider the following statements with reference to the State Legisla...
- The state legislature occupies a pre-eminent and central position in the political system of a state. Articles 168 to 212 in Part VI of the Constitution deal with the state legislature.
- Accordingly, states may have a bicameral or unicameral setting. Most of the states have a unicameral system, while others have a bicameral system. At present (2019), only six states have two Houses (bicameral).
- These are Andhra Pradesh, Telangana, Uttar Pradesh, Bihar, Maharashtra and Karnataka. Hence there exists no uniformity in the organisation of state legislatures. So, Statement 1 is correct.
- The Constitution provides for the abolition or creation of legislative councils in states. According to Article 168 the Parliament can abolish a legislative council (where it already exists) or create it (where it does not exist), if the legislative assembly of the concerned state passes a resolution to that effect by special majority.
- This Act of Parliament is not deemed as an amendment of the Constitution for the purposes of Article 368 and is passed as an ordinary piece of legislation (i.e., by simple majority). So, Statement 2 is correct.
Therefore, the correct answer is (c).
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Consider the following statements with reference to the State Legislatures: There exists no uniformity in organisation of State Legislatures in India. Creation/abolition of a State Legislative Council is not deemed as a constitutional amendment. 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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