State Legislature — Set 2

Correct Answer: C. Legislative Assembly

• **Legislative Assembly has ultimate power** = if the Council returns a bill with amendments or rejects it, the Assembly may pass it again; after 3 months (or immediately if Council rejects in the second instance) the bill is deemed passed. • **No joint sitting** — unlike Parliament (where deadlocks are resolved by a joint sitting), there is NO provision for a joint sitting of state legislature Houses; the Assembly simply overrides the Council. • 💡 Option A (Joint Sitting) is a Parliamentary mechanism under Article 108 — it does not exist at the state level; Option B (Legislative Council) can delay but not ultimately block a bill; Option D (Governor) gives assent but does not 'pass' a bill — that is the legislature's function.

Correct Answer: A. 1/10th of total membership or 10, whichever is greater

• **1/10th or 10, whichever is greater** = quorum for the State Legislature is 10 members or one-tenth of the total members of the House, whichever is higher. • **Presiding Officer's duty** — if the quorum is not present, the Presiding Officer must suspend the meeting or adjourn the House until quorum is achieved; no business can be transacted without it. • 💡 Option B (1/3rd of total membership) is too high and not prescribed anywhere; Option C (50 members) is a fixed number not tied to assembly size; Option D (1/5th of total membership) is more than double the required quorum — none of these match the constitutional provision.

Correct Answer: A. President of India

• **President of India** = elected members of State Legislative Assemblies (MLAs) form part of the Electoral College for the Presidential election under Article 54. • **Not Vice-President** — the Vice-President is elected by members of BOTH Houses of Parliament only; MLAs have no role in the Vice-Presidential election. • 💡 Option B (Vice-President of India) is elected only by Parliament members — MLAs are excluded; Option C (Governor) is appointed by the President, not elected; Option D (Speaker of Lok Sabha) is elected only by Lok Sabha members — MLAs play no part.

Correct Answer: B. Governor

• **Governor appoints Pro-tem Speaker** = the Governor appoints a Pro-tem Speaker immediately after a general election to administer oath to newly elected members before a regular Speaker is elected. • **Usually the senior-most MLA** — the Pro-tem Speaker is conventionally the senior-most member (by longest continuous service) of the newly elected Assembly. • 💡 Option A (Chief Justice of High Court) administers oath to the Governor, not the Pro-tem Speaker; Option C (Chief Minister) is appointed by the Governor but has no role in appointing the Pro-tem Speaker; Option D (Outgoing Speaker) ceases to hold office when the new Assembly is constituted.

Correct Answer: C. Article 213

• **Article 213** = grants the Governor power to promulgate Ordinances when the State Legislature is not in session and immediate action is required. • **6-week approval window** — an Ordinance must be laid before the Legislature and ceases to operate 6 weeks after the Legislature reassembles, unless approved earlier; it also lapses if a resolution disapproving it is passed. • 💡 Option A (Article 123) is the President's Ordinance power for Parliament — not the Governor's; Option B (Article 161) deals with the Governor's pardoning power; Option D (Article 202) deals with the Annual Financial Statement (state budget) — not Ordinances.

Correct Answer: B. 6 months

• **6 months without legislature membership** = a person can hold a ministerial post for a maximum of 6 consecutive months without being a member of either House of the State Legislature. • **Must get elected** — within those 6 months, the minister must get elected or nominated to any House (Assembly or Council); failure automatically ends the ministership. • 💡 Option A (9 months) exceeds the constitutional grace period; Option C (3 months) is too short and not prescribed; Option D (1 year) is twice the allowed limit — 6 months is the only correct constitutional provision.

Correct Answer: D. Consolidated Fund of the State

• **Consolidated Fund of the State** = the salaries and allowances of the Speaker (and Deputy Speaker) of the Legislative Assembly are charged on the Consolidated Fund of the State. • **Not votable** — charging on the Consolidated Fund means these amounts are not subject to annual legislative voting, ensuring the Speaker's financial independence from political pressure. • 💡 Option A (Public Account of the State) is where deposits and borrowings go — not used for salaries of constitutional functionaries; Option B (Consolidated Fund of India) is the central fund — not applicable for state functionaries; Option C (Contingency Fund of the State) is for unforeseen expenses, not regular salaries.

Correct Answer: C. 14 days

• **14 days maximum** = the Legislative Council can delay a Money Bill for only 14 days after it is transmitted by the Legislative Assembly. • **Deemed passed** — if the Council does not return the bill within 14 days, the bill is deemed to have been passed by both Houses; the Council cannot reject or amend a Money Bill. • 💡 Option A (3 months) is the delay period for ordinary bills at the state level, not Money Bills; Option B (1 month) is not the prescribed period for any category of bill; Option D (6 months) is the maximum gap between sessions — not related to Money Bill delays.

Correct Answer: A. State Legislature

• **State Legislature by law** = the salaries and allowances of MLAs (Members of Legislative Assembly) are determined by each State Legislature through its own legislation. • **No uniform standard** — since each state sets its own MLA salaries, the amounts vary widely across states; there is no constitutional bar on the quantum. • 💡 Option B (Governor) does not set MLA salaries — that is a legislative function, not an executive one; Option C (President) has no role in state MLA salaries; Option D (Parliament) fixes salaries for its own members (MPs), not for state MLAs.

Correct Answer: D. One year at a time

• **One year at a time** = Parliament may extend the term of the State Legislative Assembly by law for one year at a time during a Proclamation of National Emergency. • **6 months post-emergency limit** — this extension cannot continue beyond 6 months after the Emergency ceases; elections must be held within 6 months of revocation. • 💡 Option A (Two years at a time) exceeds the one-year-at-a-time cap; Option B (Three years total) is not a prescribed limit; Option C (Six months at a time) confuses the post-emergency election deadline (6 months) with the extension period (1 year at a time).