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UPSC Previous Year Questions (Prelims & Mains): State Legislature | Indian Polity for UPSC CSE PDF Download

Q.1. Consider the following statements:   (2025)
I. On the dissolution of the House of the People, the Speaker shall not vacate his/her office until immediately before the first meeting of the House of the People after the dissolution. 
II. According to the provisions of the Constitution of India, a Member of the House of the People on being elected as Speaker shall resign from his/her political party immediately. 
III. The Speaker of the House of the People may be removed from his/her office by a resolution of the House of the People passed by a majority of all the then Members of the House, provided that no resolution shall be moved unless at least fourteen days' notice has been given of the intention to move the resolution.
Which of the statements given above are correct?
(a) I and II only
(b) II and III only
(c) I and III only
(d) I, II and III

UPSC Previous Year Questions (Prelims & Mains): State Legislature | Indian Polity for UPSC CSEView Answer  UPSC Previous Year Questions (Prelims & Mains): State Legislature | Indian Polity for UPSC CSE

Correct Answer is Option (c)
Statement I: Correct
Under Article 94 of the Indian Constitution, the Speaker of the Lok Sabha remains in office even after the House is dissolved, continuing until immediately before the first meeting of the newly constituted House to ensure continuity.
Statement II: Incorrect
There is no constitutional requirement for the Speaker to resign from their political party. Resigning from the party is a convention, not a mandate, to maintain impartiality in their role.
Statement III: Correct
As per Article 94, the Speaker can be removed from office by a resolution passed by a majority of the members of the Lok Sabha, with a minimum of 14 days' prior notice.
Thus, Statements I and III are correct, while Statement II is incorrect.

Q.2. In which one of the following areas does the State Government not have control over its local bodies?   (UPSC Prelims 2001)
(a) Citizens’ grievances
(b) Financial matters
(c) Legislation
(d) Personnel matters

UPSC Previous Year Questions (Prelims & Mains): State Legislature | Indian Polity for UPSC CSEView Answer  UPSC Previous Year Questions (Prelims & Mains): State Legislature | Indian Polity for UPSC CSE

Correct Answer is Option (a)
The State government does not have control over its local bodies in matters of Citizens’ grievances

Q.3. If in an election to a State legislative assembly, the candidate who is declared elected loses his deposit, it means that:    (UPSC Prelims 1995)
(a) the polling was very poor
(b) the election was for a multi-member constituency

(c) the elected candidate's victory over his nearest rival was very marginal
(d) a very large number of candidates contested the election

UPSC Previous Year Questions (Prelims & Mains): State Legislature | Indian Polity for UPSC CSEView Answer  UPSC Previous Year Questions (Prelims & Mains): State Legislature | Indian Polity for UPSC CSE

Correct Answer is Option (d)
A defeated candidate who fails to secure more than one sixth of the valid votes polled in the constituency will lose his security deposit. When a very large number of candidates contest the election, due to distribution of votes, the winning candidate may get less than 1/6th of valid voters.

Q.4. Explain the constitutional provisions under which Legislative Councils are established. Review the working and current status of Legislative Councils with suitable illustrations. (UPSC GS2 2021)

UPSC Previous Year Questions (Prelims & Mains): State Legislature | Indian Polity for UPSC CSEView Answer  UPSC Previous Year Questions (Prelims & Mains): State Legislature | Indian Polity for UPSC CSE

Ans: The Parliament, under Article 169, can abolish or create a legislative council by a simple majority, that is, a majority of the members of each House present and voting, if the legislative assembly of the concerned state, by a special majority, passes a resolution to that effect. Article 171 provides for the Composition of council.
Utility of State legislative councils

  • Bringing diverse opinion on policy making ; Functional representation of various groups [e.g., teachers, graduates, local representatives], thus enable non-elected persons to contribute to the legislative process. 
  • Check hasty legislations by Legislative assemblies + prevent them from exercising too much legislation or executive authority 
  • Nominated members who are apolitical background bring extra wisdom and provides forum for intellectuals and academicians who are not suited for electoral politics. 
  • Brings pressure on Legislative assembly for policy making.

Concerns with Legislative Councils

  • They can be created and abolished by Union parliament by a simple majority.  
  • Their recommendations are not binding on assembly + became back door for failed politicians  
  • Burden on public exchequer.  
  • Representing graduates in the house has outlived its utility  
  • Politicization in selecting nominated members  
  • Can create delay in policy making.

Topics covered - Legislative Councils in States

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FAQs on UPSC Previous Year Questions (Prelims & Mains): State Legislature - Indian Polity for UPSC CSE

1. What is the structure of the State Legislature in India?
Ans. The State Legislature in India can be unicameral or bicameral, depending on the state. A unicameral legislature consists of a single house called the Legislative Assembly (Vidhan Sabha), while a bicameral legislature includes two houses: the Legislative Assembly (Vidhan Sabha) and the Legislative Council (Vidhan Parishad). States like Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh have a bicameral legislature, whereas states like Goa, Delhi, and Puducherry have a unicameral legislature.
2. What are the main functions of the State Legislature?
Ans. The main functions of the State Legislature include enacting laws, discussing and approving the state budget, and exercising oversight over the executive branch. Additionally, the legislature has the power to amend the Constitution of India concerning matters in the State List and Concurrent List, and it also plays a crucial role in representing the interests of the public and addressing their grievances.
3. How are members of the State Legislative Assembly elected?
Ans. Members of the State Legislative Assembly (MLAs) are directly elected by the people of the state through a system of first-past-the-post voting. Each MLA represents a specific constituency, and elections are typically held every five years. The party or coalition that secures a majority of seats forms the government, and its leader becomes the Chief Minister.
4. What is the role of the Governor in the State Legislature?
Ans. The Governor plays a significant role in the State Legislature by acting as the constitutional head. The Governor summons and prorogues the sessions of the legislature, gives assent to bills passed by the legislature, and has the authority to dissolve the Legislative Assembly. Additionally, the Governor addresses the first session of the legislature after each general election and at the beginning of the first session of each year.
5. What is the difference between the Legislative Assembly and the Legislative Council?
Ans. The Legislative Assembly (Vidhan Sabha) is the lower house of the State Legislature, where members are directly elected by the public. It has greater powers, including the authority to initiate money bills. The Legislative Council (Vidhan Parishad), on the other hand, is the upper house, which consists of members elected by various methods, including local authority members, graduates, teachers, and nominated members. The Council acts as a revising chamber, providing checks on the Assembly's legislation.
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