State Legislature — Set 1

Correct Answer: B. Article 169

• **Article 169** = empowers Parliament to abolish or create a Legislative Council in a state, based on a resolution passed by that state's Legislative Assembly by a special majority. • **Not a Constitutional Amendment** — a law passed under Article 169 is not considered a Constitutional Amendment under Article 368, so it does not require ratification by states. • 💡 Option A (Article 168) deals with the constitution of state legislatures; Option C (Article 171) defines the composition of Legislative Councils; Option D (Article 170) deals with composition of Legislative Assemblies — none deal with creation or abolition.

Correct Answer: A. 500 members

• **500 members maximum** = the Constitution (Article 170) fixes the maximum strength of a State Legislative Assembly at not more than 500 members. • **Minimum 60 members** — the minimum is 60, but smaller states/UTs have exceptions (e.g., Sikkim has 32, Puducherry has 30). • 💡 Option B (450 members) is not the constitutional maximum; Option C (550 members) exceeds the limit; Option D (400 members) is below the maximum but not the prescribed limit — 500 is correct.

Correct Answer: A. Speaker or Chairman

• **Speaker or Chairman** = under the 10th Schedule (Anti-Defection Law), disqualification on grounds of defection is decided by the Speaker (for Assembly) or Chairman (for Council). • **Judicial review** — the Supreme Court in Kihoto Hollohan case (1992) held that the Speaker/Chairman's decision under the 10th Schedule is subject to judicial review. • 💡 Option B (Election Commission) handles election disputes and model code violations, not defection disqualification; Option C (High Court) cannot decide in the first instance — judicial review comes only after the Speaker decides; Option D (Governor) has no role in defection disqualification.

Correct Answer: A. One-third

• **One-third of the Assembly** = the Legislative Council's total membership cannot exceed one-third of the total strength of the Legislative Assembly (Article 171). • **Minimum 40 members** — regardless of the one-third rule, the Legislative Council must have at least 40 members, ensuring viability. • 💡 Option B (One-half) would give the Council near-equal strength as the Assembly, which is not the constitutional design; Option C (One-fourth) is not the correct fraction; Option D (One-fifth) is below the one-third maximum prescribed in Article 171.

Correct Answer: B. Governor

• **Governor nominates 1/6th** = the Governor nominates approximately one-sixth of the members to the State Legislative Council from fields like literature, science, art, cooperative movement, and social service. • **Court cannot question** — courts cannot question the propriety of the Governor's nomination to the Legislative Council. • 💡 Option A (Speaker) is the presiding officer with no nomination role in the Council; Option C (President) nominates 12 members to Rajya Sabha, not to state Legislative Councils; Option D (Chief Minister) may advise but has no constitutional nomination power for the Legislative Council.

Correct Answer: A. 25 years

• **25 years for MLA** = minimum age to become a member of the State Legislative Assembly (Vidhan Sabha) is 25 years. • **30 years for MLC** — minimum age for the State Legislative Council (Vidhan Parishad) is 30 years, matching the Rajya Sabha minimum age. • 💡 Option B (35 years) is the minimum age for President and Governor, not for MLA; Option C (30 years) is the minimum age for MLC/Rajya Sabha, not for the Legislative Assembly; Option D (21 years) is the minimum voting age and for local body elections — not for state legislature membership.

Correct Answer: B. Kerala

• **Kerala is unicameral** = Kerala has only a Legislative Assembly (Vidhan Sabha) with no Legislative Council — making it unicameral. • **Six bicameral states** — UP, Maharashtra, Karnataka, Bihar, Andhra Pradesh, and Telangana are the 6 states currently having Legislative Councils. • 💡 Option A (Uttar Pradesh) is bicameral — it has both Vidhan Sabha and Vidhan Parishad; Option C (Karnataka) is bicameral with a Legislative Council; Option D (Maharashtra) is also bicameral with a Legislative Council.

Correct Answer: A. 6 months

• **6 months maximum gap** = the Constitution mandates that the interval between two consecutive sessions of the State Legislature shall not exceed 6 months. • **At least twice a year** — this rule ensures the State Legislature meets at least twice every year, preventing executive governance without legislative oversight. • 💡 Option B (9 months) exceeds the constitutional limit; Option C (1 year) would allow the legislature to go without meeting for too long — it is not the prescribed gap; Option D (3 months) is stricter than required but not the constitutional provision.

Correct Answer: C. Governor

• **Governor dissolves the Assembly** = the Governor is constitutionally empowered to dissolve the State Legislative Assembly under Article 174(2)(b). • **On CM's advice** — dissolution is normally done on the written advice of the Council of Ministers headed by the Chief Minister; in rare cases the Governor may act independently. • 💡 Option A (Chief Minister) recommends dissolution but does not have the constitutional power to dissolve; Option B (President) dissolves the Lok Sabha, not a state assembly; Option D (Speaker) only adjourns sittings — dissolution is not in the Speaker's remit.

Correct Answer: A. A member from the Panel of Chairpersons

• **Panel of Chairpersons** = the Speaker nominates a Panel of Chairpersons from among Assembly members; when both Speaker and Deputy Speaker are absent, a panel member presides. • **Speaker's nomination** — the Speaker maintains this panel proactively; if all panel members are also absent, the House itself decides who shall preside for that sitting. • 💡 Option B (Senior-most member) is the convention for the very first sitting of a new House (as Pro-tem), not for routine absences; Option C (Governor's nominee) has no such constitutional role; Option D (Chief Minister) is the executive head and has no presiding function.