Which of the following can pass a resolution to create or abolish a Legislative Council in a State?
- Legislative Assembly of a State
- Both Houses of Parliament
- The Governor of a State
- The Legislative Council of a State
Answer
Legislative Assembly of a State
Which of the following States does not have Bicameral Legislature?
- Andhra Pradesh
- Bihar
- Karnataka
- Punjab
Answer
Punjab
The State Legislature comprises which of the following?
(P) : The Governor
(R) : The Legislative Assembly
(R) : The Legislative Council
(S) : The two Houses of State Legislature
- P and Q
- P and R
- P and S
- Q and R
Answer
P and S
How are the members of Legislative Assembly elected?
- Directly elected by the people of the State on the basis of universal adult franchise
- Directly elected by all the members of Parliament.
- Indirectly elected by proportional representation
- Indirectly elected by the people of the State through their representatives.
Answer
Directly elected by the people of the State on the basis of universal adult franchise
The Legislative Assembly of each State consists of not more than ............... and not less than ............... members except for Special Provision States.
- 400, 250
- 500, 60
- 550, 250
- 500, 30
Answer
500, 60
Complete the following analogy.
Vidhan Sabha: .........?..... :: Vidhan Parishad: Legislative Council.
- Council of People
- Council of Eldermen
- Legislative Assembly
- None of the above
Answer
Legislative Assembly
During the President's rule the Legislative Assembly may either be ............... or suspended.
- abolished
- dissolved
- created
- renewed
Answer
dissolved
During the Proclamation of Emergency in a State, the life of the House can be extended for ............... at a time.
- one year
- six months
- three months
- a month
Answer
one year
The State Legislature can make laws on matters in which of the following lists?
(P) : State List
(Q) : Concurrent List
(R) : Residual List
(S) : Union List
- P and R
- P and S
- P and Q
- Q and R
Answer
P and Q
The strength of Legislative Assembly is 200. What would be the Quorum of the Assembly?
- 10
- 8
- 12
- 20
Answer
20
What happens to the Bills in the case of Bicameral Legislature?
(P) : The will of the Vidhan Sabha prevails.
(Q) : The Bill is passed at the joint sitting of the two Houses.
(R) : The Vidhan Parishad can stop the passage of a Bill.
(S) : The Vidhan Parishad can only delay the passage of a Bill.
- Q and R
- R and S
- P and S
- P and R
Answer
P and S
Given below are details of a few citizens of a State.
| Person | Age (in years) | Description |
|---|---|---|
| A | 32 | Does not have his/her name on the voters' list in the State concerned. |
| B | 27 | Has taken up the citizenship of France. |
| C | 30 | Holds an office of profit under the Government of India. |
| D | 25 | Is not an undischarged insolvent. |
Select the person who fulfils the eligibility criteria to become a member of the Legislative Assembly.
- A
- B
- C
- D
Answer
D
The Amendment of the Article that seeks change in the representation of States in Parliament requires ratification or approval by how many States?
- One-fourth of the Legislative Assemblies of the States
- One half of the Legislative Assemblies of the States
- Two-third of the Legislative Assemblies of the States
- None of the above.
Answer
One half of the Legislative Assemblies of the States
The Speaker of the Legislative Assembly may resign his office in writing to
- the Governor of the State
- the Chief Justice of the High Court
- the Deputy Speaker of the Assembly
- the Chief Minister of the State.
Answer
the Deputy Speaker of the Assembly
Who certifies whether a Bill is a Money Bill or not?
- The Speaker of the Legislative Assembly
- The Governor of the State
- The Chief Minister of the State
- The Finance Minister of the State.
Answer
The Speaker of the Legislative Assembly
The numerical strength in the Legislative Council shall not exceed ............... of the total number of members in the Legislative Assembly of the State.
- one-fourth
- one-third
- two-thirds
- one-fifth
Answer
one-third
How many members in the Legislative Council are nominated by the Governor of the State?
- One-third
- One-fourth
- One-fifth
- One-sixth
Answer
One-sixth
The minimum age to be a Member of the Legislative Council is ............... years.
- 18
- 20
- 25
- 30
Answer
30
What is the tenure of the elected members of the Legislative Council?
- Six years
- Five years
- Four years
- Two years
Answer
Six years
Your uncle is associated with a farmer cooperative movement. He has not won any election to the Legislative Council. But he has become a member of the Legislative Council. How has he achieved this position?
- He is appointed by the Chief Minister
- He is nominated by the President of India
- He is nominated by the Governor of the State
- None of the above.
Answer
He is nominated by the Governor of the State
(A) The members of State Legislative Council are directly elected by the people of the States.
(R) Of the total number of members of the Legislative Council, one-sixth are nominated by the Governor of the State.
- (A) is true but (R) is false.
- (A) is false, but (R) is true.
- Both (A) and (R) are true, but (R) is not the correct explanation of (A).
- Both (A) and (R) are false.
Answer
(A) is false, but (R) is true.
Explanation — The members of the Legislative Council are partly elected and partly nominated. The elected members of the Council are elected by electorates consisting of members of local bodies, graduates, persons engaged in teaching and members of the Legislative Assembly and the remaining one-sixth are nominated by the Governor of the State.
(A) The Legislative Council can only delay the passage of a Bill.
(R) By posing a delay, the Legislative Council checks the hasty legislation by highlighting its defects.
- (A) is true but (R) is false.
- (A) is false, but (R) is true.
- Both (A) and (R) are true, (R) is the explanation of (A).
- Both (A) and (R) are false.
Answer
Both (A) and (R) are true, (R) is the explanation of (A).
Explanation — The Legislative Council can only delay the passage of the Bill. But by posing a delay, it serves to check hasty legislation by bringing to light the shortcomings or defects of any ill-considered measure.
(A) The Speaker of the Legislative Assembly has the right to exercise casting vote in case of a tie.
(R) The Governor of a State decides whether a bill is a money bill or not.
- (A) is true but (R) is false.
- (A) is false, but (R) is true.
- Both (A) and (R) are true, but (R) is not the correct explanation of (A).
- Both (A) and (R) are false.
Answer
(A) is true but (R) is false.
Explanation — The Speaker of the Legislative Assembly decides whether a bill is a money bill or not. This distinction is essential as the two categories of bills have to be passed according to different procedures.
(A) In case of a breakdown of the Constitutional machinery, the State may be placed under President's rule.
(R) The Governor of a State can recommend to the President to declare Constitutional Emergency in a State if he/she feels there is a breakdown of Constitutional machinery in the State.
- (A) is true but (R) is false.
- (A) is false, but (R) is true.
- Both (A) and (R) are true, (R) is the explanation of (A).
- Both (A) and (R) are false.
Answer
Both (A) and (R) are true, (R) is the explanation of (A).
Explanation — When the State is under Presidential rule, the Governor can act in his/her discretion (independent of the Council of Minister's advice). But in such cases, the Governor has to act according to the instructions and directions of the President. In this case the Governor acts as an agent of the Union Government.
What is a Unicameral Legislature? What is a Bicameral Legislature?
Answer
Unicameral Legislature — A State is said to have Unicameral legislature if it has only one house, i.e., the Legislative Assembly or the Vidhan Sabha.
Bicameral Legislature — In a bicameral legislature, the State has two houses, i.e., the Legislative Assembly or Vidhan Sabha and the Legislative Council or Vidhan Parishad.
Name any two States in India that have a Bicameral Legislature.
Answer
Two States in India that have a Bicameral Legislature are — Andhra Pradesh and Bihar.
Name any two States in India that have a Unicameral Legislature.
Answer
Two States in India that have a Unicameral Legislature are — Punjab and Kerala.
What is the Constitutional provision regarding abolition or creation of Legislative Councils in States?
Answer
The Constitution has provisions to abolish an existing Legislative Council or to create a Legislative Council, where there is none. The Legislative Assembly of a State can pass a resolution to this effect. The resolution has to be passed by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members actually present and voting. The resolution is followed by an Act of Parliament.
What is the minimum age fixed for the membership of:
(a) The Legislative Assembly
(b) The Legislative Council?
Answer
(a) The minimum age fixed for the membership of the Legislative Assembly is 25 years.
(b) The minimum age fixed for the membership of the Legislative Council is 30 years.
Who is the chief presiding officer of:
(a) The Legislative Assembly
(b) The Legislative Council?
Answer
(a) The chief presiding officer of the Legislative Assembly is its Speaker.
(b) The chief presiding officer of the Legislative Council is its Chairman.
How many member/members can the Governor nominate to the Legislative Council? What qualifications do these members have?
Answer
One-sixth of the total number of members of the Legislative Council are nominated by the Governor. The members nominated by the Governor should have special knowledge or practical experience in the fields of literature, science, art, cooperative movement and social service.
Mention two qualifications of a person seeking election to the:
(a) Legislative Assembly,
(b) Legislative Council.
Answer
(a) Two qualifications of a person seeking election to the Legislative Assembly are:
- He must be a citizen of India.
- He must be not less than 25 years of age.
(b) Two qualifications of a person seeking election to the Legislative Council are:
- He must be a citizen of India.
- He must be not less than 30 years of age.
What status is accorded to the Leader of Opposition in the Legislative Assembly?
Answer
The Leader of Opposition in the Legislative Assembly is accorded the same status and facilities as are enjoyed by a Minister of Cabinet rank.
How are the members of the State Legislative Council elected?
Answer
The members of the Legislative Council are partly elected and partly nominated. The elected members of the Council are elected by electorates consisting of members of local bodies, graduates, persons engaged in teaching and members of the Legislative Assembly. The persons nominated by the Governor of the State are the people who have special knowledge in the fields of literature, science, art, cooperative movement and social service.
How is the Vidhan Parishad of a State constituted?
Answer
The numerical strength in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly of that State. However, the total number of members in the Legislative Council of a State shall not normally be less than 40.
Of the total number of members of the Legislative Council the composition would be as follows:
- One-third of the members are elected by the members of municipalities, district boards and other local bodies in the State.
- About one-third of the members are elected by members of the Legislative Assembly from amongst persons who are not members of the Assembly.
- One-twelfth of the members are elected by persons who have been, for at least three years, engaged in teaching in educational institutions not lower than secondary schools.
- One-twelfth of the members are elected by registered graduates of more than three years standing.
- The remaining one-sixth members are nominated by the Governor from people having special knowledge or practical experience in the fields of literature, science, art, cooperative movement and social service.
Why is the Vidhan Parishad known as a Permanent House?
Answer
The Legislative Council of a State or the Vidhan Parishad is a Permanent House as it is not subject to dissolution. Each member holds office for six years. However, one-third of its members retire on the expiry of every second year, and those vacancies are filled by fresh elections. This ensures that the House is always in operation making it a permanent body.
Name any two Union Territories that have a Legislative Assembly.
Answer
Two Union Territories that have a Legislative Assembly are — Delhi and Puducherry.
How are the members of the State Legislative Assembly elected?
Answer
The members of the State Legislative Assembly are elected through direct election by universal adult franchise using the system of secret ballot. For the purpose of election each State is divided into territorial constituencies in such a manner that the ratio between the population of each constituency and the number of seats allotted to it are the same throughout the State. Its members are chosen by direct election on the basis of adult suffrage from territorial constituencies.
What is the duration of a State Legislative Assembly?
Answer
Five years.
In which two ways is the Vidhan Sabha more powerful than the Vidhan Parishad?
Answer
The Vidhan Sabha is more powerful than the Vidhan Parishad in the following two ways:
- The Vidhan Parishad cannot stop the passage of a bill, it can only delay it.
- The Legislative Assembly has the power to pass a resolution for the creation and abolition of the Legislative Council by an Act of Parliament.
Who is the presiding officer of the Legislative Assembly? Who elects him/her to this office?
Answer
The Speaker (in his/her absence the Deputy Speaker) is the presiding officer of the Legislative Assembly.
As soon as the Legislative Assembly of a State is elected, it chooses two members from the Assembly to be Speaker and Deputy Speaker respectively.
Mention the financial powers of the State Legislature.
Answer
The financial powers of the State Legislature are as follows:
- The Budget: The State Legislature passes the State Budget, which contains the estimates of receipts and expenditure of the State Government.
- Permission for Taxes: No tax can be imposed or money expended by the State Government without the approval of the State Legislature.
- Fixing of Salaries: Members of the Legislative Assemblies and the Legislative Councils receive such salaries and allowances as may be determined by the State Legislature from time to time.
Mention two ways in which the Union Legislature is superior to the State Legislature in matters of legislation.
Answer
In matters of legislation, the Union Legislature is superior to the State Legislature in following ways:
Wider Jurisdiction: The Union Legislature can make laws on subjects in the Union List, which includes matters of national importance like defense, foreign affairs, and atomic energy. In some cases, it can also legislate on items in the State List (e.g., during a national emergency).
Precedence over State Laws: If there is a conflict between a Central law and a State law on a subject in the Concurrent List, the Central law prevails over the State law, unless the State law has received the President’s assent.
What happens in the case of a conflict between the Central law and a State law with regard to a subject enumerated in the Concurrent List?
Answer
In case there is a conflict between a Law passed by the State Legislature in the Concurrent List and a Law passed on the same subject by the Union Parliament, the latter prevails.
State two ways by which the State Council of Ministers are controlled by the State Legislature.
Answer
Two ways by which the State Council of Ministers are controlled by the State Legislature are as follows:
- by means of questions,
- by debates and discussions.
What options does the Legislative Council have when a non-money bill passed by the Legislative Assembly is sent to it?
Answer
When a non-money bill passed by the Legislative Assembly (Vidhan Sabha) is sent to the Legislative Council (Vidhan Parishad), the Council can delay it for up to three months and suggest amendments. If returned and passed again by the Assembly, the Council can hold it for only one more month. After that, the bill is deemed passed even without the Council's approval.
What happens if there is a disagreement between the Legislative Assembly and Legislative Council with regard to an ordinary bill?
Answer
The Legislative Council can only delay a bill, it cannot prevent it from being passed. There is no provision of a joint-sitting of both Houses to resolve a deadlock. Therefore, the will of the Vidhan Sabha prevails.
What happens if an ordinary bill duly passed by the Legislative Council is rejected by the Legislative Assembly?
Answer
If the Legislative Assembly rejects the Bill passed by the Legislative Council, the Bill fails and does not become law.
State any two differences between unicameral and bicameral legislatures.
Answer
| Unicameral Legislature | Bicameral Legislature |
|---|---|
| A State is said to have Unicameral legislature if it has only one house, i.e., the Legislative Assembly or the Vidhan Sabha. | In a bicameral legislature, the State has two houses, i.e., the Legislative Assembly or Vidhan Sabha and the Legislative Council or Vidhan Parishad. |
| In a unicameral legislature, the Legislative Assembly is the only house and it can be dissolved. | In a bicameral legislature, the second House or the Legislative Council is a permanent body which is not subject to dissolution. |
A bicameral legislature has a wider membership than a unicameral legislature. How?
Answer
A bicameral legislature has wider membership because, unlike a unicameral system where all members are directly elected, it includes a second house, the Legislative Council, whose members are partly elected from diverse groups like teachers, graduates, and local bodies, and partly nominated by the Governor, ensuring broader representation.
What purpose does the Upper House' delay of a bill serve?
Answer
The Upper House's (Legislative Council in the States) delay of a bill serves to check hasty legislation by bringing to light the shortcomings or defects of any ill-considered measure.
Study the picture given below and answer the following questions:
(a) How is the Legislative Assembly composed?
(b) What are the qualifications for being a member of the Legislative Assembly?
(c) What is the term of the House? Under what conditions the term of the Assembly extended or reduced?
Answer
(a) The Legislative Assembly of each State consists of not more than 500 and not less than 60 members chosen through direct election by Universal Adult Franchise using the system of secret ballot. The State is divided into territorial constituencies, ensuring equal representation based on population.
(b) In order to be a member of the Legislative Assembly a person:
- must be a citizen of India.
- must be not less than 25 years of age.
- must have his/her name on the voters' list in the State concerned.
- must not hold any office of profit under the Government of India or the Government of any State other than an office declared by law not to disqualify its holder.
- must not be of unsound mind which is declared by a competent court.
- must not be an undischarged insolvent.
(c) The term of the Legislative Assembly is five years. However, the Assembly can be dissolved earlier by the Governor on the request from the Chief Minister. In case of a breakdown of the Constitutional machinery, the State may be placed under President's rule. During the President's rule, the Assembly may either be dissolved or suspended.
When a Proclamation of Emergency is in operation, a law of Parliament may extend the life of the House. Such extension shall not be more than a year at a time. A new Assembly must be elected within six months after the Proclamation ceases to exist.
Like the Rajya Sabha at the Centre, the Legislative Council in the State is merely an advisory chamber. In this context answer the following questions:
(a) How is Legislative Council constituted?
(b) What are the qualifications for its membership?
(c) What powers does the Legislative Council have with regard to a Money Bill and a non-money bill?
Answer
(a) The numerical strength in the Legislative Council of a State shall not exceed one-third of the total number of members in the Legislative Assembly of that State. However, the total number of members in the Legislative Council of a State shall not normally be less than 40.
Of the total number of members of the Legislative Council the composition would be as follows:
- One-third of the members are elected by the members of municipalities, district boards and other local bodies in the State.
- About one-third of the members are elected by members of the Legislative Assembly from amongst persons who are not members of the Assembly.
- One-twelfth of the members are elected by persons who have been, for at least three years, engaged in teaching in educational institutions not lower than secondary schools.
- One-twelfth of the members are elected by registered graduates of more than three years' standing.
- The remaining one-sixth members are nominated by the Governor from people having special knowledge or practical experience in the fields of literature, science, art, cooperative movement and social service.
(b) In order to be a member of the Legislative Council a person:
- must be a citizen of India.
- must be not less than 30 years of age.
- must have his/her name on the voters' list in the State concerned.
- must not hold any office of profit under the Government of India or the Government of any State other than an office declared by law not to disqualify its holder.
- must not be of unsound mind which is declared by a competent court.
- must not be an undischarged insolvent.
(c) The Legislative Council or Vidhan Parishad acts as an advisory body, with limited powers over Money bills and only a delaying power over Non-money bills.
Money Bills
- A Money Bill cannot be introduced in the Vidhan Parishad.
- The Vidhan Parishad must return the bill within 14 days, with or without suggestions. However, the Vidhan Sabha is not obliged to accept them.
- Like the Rajya Sabha, the Vidhan Parishad can delay it for 14 days. After the lapse of that period, a Money Bill is deemed to have been passed by it and sent for the Governor's assent.
- Hence, the Vidhan Parishad cannot amend or reject a money bill. Its role is purely advisory.
Non-Money Bills
- Non-Money bills can be originated in the Vidhan Parishad as well and are then sent to Vidhan Sabha for consideration. However, the will of the Vidhan Sabha prevails.
- If a Bill originates in the Vidhan Sabha (Assembly) it is sent to the Vidhan Parishad (Council) for its approval. The Vidhan Parishad can delay the passage of a Bill for three months.
- The House can propose amendments within three months in the first instance.
- If the Vidhan Parishad disagrees with a Bill, the Bill must have second journey from the Assembly to the Council.
- In the second journey, the Council cannot withhold the Bill for more than one month. After the expiry of the said period the Bill is deemed to have been passed by the Vidhan Parishad.
Describe the relationship between the Legislative Assembly and the Legislative Council under these heads:
(a) Finance.
(b) Control over non-money bills.
(c) Control over the Executive.
Answer
(a) Legislative Assembly holds complete control over financial matters.
A Money Bill can only originate in the Legislative Assembly. The Legislative Council can only make recommendations on a Money Bill, and must return it within 14 days. The Assembly may accept or reject these recommendations. After the lapse of 14 days, the Bill is deemed to have been passed.
Matters like passing the State budget, permission for imposing taxes, and fixing the salary of members of Legislative Assembly and the Legislative Council are handled exclusively by the Legislative Assembly.
Thus, the Council has no real power over financial legislation.
(b) A Non-Money Bill can originate in either House. If passed by one House, it must be sent to the other for approval. If there's disagreement, the bill may be passed back and forth, but ultimately, the Legislative Assembly has the final say.
Therefore, the Council’s power is advisory and delaying, not decisive.
(c) Real control over the Executive lies with the Legislative Assembly. It can be seen in the following ways:
The Council of Ministers are collectively responsible only to the Legislative Assembly. Unlike the Legislative Council, the Legislative Assembly can remove the Executive through a vote of No-confidence.
In the matter of exercising control over the State Government, the Legislative Council is allowed only formal power. It can control the executive by means of questions, debates and discussions. It may also pass a resolution on any matter of public importance.
An Ordinance promulgated by the Governor has to be laid before both the Houses. In this matter the two Houses are at equal standing.
Recently elections to the Legislative Assembly of your State were held. Find out the number of seats for which elections were held. What were the issues which were debated during the election campaign? Were these issues local or national? Which issue you wanted to be addressed at the earliest?
Answer
Recently elections to the Legislative Assembly were held in my state Uttar Pradesh for all 403 seats of the Assembly. Some of the key issues that were debated during the election campaign are:
- Unemployment
- Inflation and Price Rise
- Stray Cattle Menace
- Infrastructure and development
- Law and order
While unemployment and inflation are national challenges, the other issues are more localized specific to Uttar Pradesh.
Among these, unemployment stands out as the most pressing issue to me, that requires immediate attention. I think that addressing job creation and providing employment opportunities are crucial for my state's economic growth and the well being of its residents.
Find out the differences in the powers and functions of an MLA and an MP. If given a chance, which of the two positions would you like to take? Why?
Answer
Differences in the powers and functions of an MLA and an MP
| Aspect | MLA (Member of Legislative Assembly) | MP (Member of Parliament) |
|---|---|---|
| Level of Governance | State level | National level |
| House | Legislative Assembly (and sometimes Legislative Council) | Lok Sabha or Rajya Sabha |
| Main Role | Makes laws on State list and Concurrent list subjects | Makes laws on Union list and Concurrent list subjects |
| Constituency | Represents a state assembly constituency | Represents a parliamentary constituency |
| Budget and Finance | Participate in a state budget discussions and tax approval | Participate in union budget and national financial matters |
| Control over Executive | Controls state government through questions, motions, debates | Controls central government through similar means |
| Focus on development work | Works on local/state development | Works on national level policies and schemes. |
I would choose to become an MP, because this role allows me to work on issues that impact the entire country like national security, economic growth, education reforms, and environmental policies. MPs also have a greater platform to bring large-scale change and represent their constituency at the national level. Being part of important parliamentary debates and having the ability to influence national laws is a powerful way to serve the people.