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Indian Polity MCQs – 20 (State Legislature)

State Legislature MCQs with answers and explanations for preparation of UPSC, BPSC, UPPSC and other State PSC Examinations

1. As per the Constitution of India, what is the limit prescribed for the number of members in the Legislative Assembly of a State ?

(a) 350 members

(b) 370 members

(c) 450 members

(d) 500 members

Correct Answer: (d) 500 members

  • The maximum strength of the Legislative Assembly of a State is fixed at 500 and minimum strength at 60. 
  • Its strength varies from 60 to 500 depending on the population size of the state.

2. The Legislative Council of a State in India can be created or abolished by which among the following ?

(a) Parliament on the recommendation of a Governor of the state

(b) Parliament on its own

(c) Parliament after the state assembly passes the resolution of that effect

(d) Governor of the state on the recommendation of the Council of Ministers

Correct Answer: (c) Parliament after the state assembly passes the resolution of that effect

  • Legislative councils in the state can be created or abolished by Parliament after the state assembly passes the resolution.
  • Such a resolution must be passed by the state assembly by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.

3. Consider the following statements regarding the chairman of the Legislative Council of a state in India:

  1. He is elected by the members of the concerned state legislature.
  2. He can be removed from his office by a resolution passed by a majority of all those present and voting members of the concerned state legislature.

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: (d) Neither 1 nor 2

  • The Legislative Council elects its Chairman and Deputy Chairman from amongst its members. 
  • A Chairman or Deputy Chairman of a Legislative Council may be removed from his office by a resolution of the Council passed by a majority of all the then members of the Council. 
  • The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40.

4. Consider the following facts about the control of President on the State legislation : 

  1. The President has no direct power to disallow the  passage of a bill  by the state legislative assembly.
  2. The President can disallow the passage of a bill, passed by the state legislative assembly, if it is reserved by the State Governor for assent of the President.

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2 is correct

Correct Answer: (c) Both 1 and 2

  • The President can disallow the passage of a bill, passed by the state legislative assembly, if it is reserved by the State Governor for assent of the President.
  • When a bill is reserved by the governor for the consideration of the President, the President may either give his assent to the bill or withhold his assent to the bill or return the bill for reconsideration of the House or Houses of the state legislature.

5. The functions of which of the following bodies in India are limited to advisory nature only?

(a) Legislative Council

(b) Rajya Sabha

(c) Lok Sabha

(d) Legislative Assembly

Correct Answer: (a) Legislative Council

  • If the legislative council rejects the bill passed by the Legislative Assembly, the assembly may pass the bill again and transmit the same to the council. If the council rejects the bill again or passes the bill with amendments not acceptable to the assembly or does not pass the bill within one month, then the bill is deemed to have been passed by both the Houses.
  • Hence, the Legislative Council can delay the bill but can stop a bill from getting passed by the Legislative Assembly.
  • Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. But, one-third of its members retire on the expiration of every second year.
  • A member continues to be a member for six years.

6. Who among the following recommends to the Parliament for the abolition of the Legislative Council in a State?

(a) The President of India

(b) The Governor of the concerned State

(c) The Legislative Council of the concerned State

(d) The Legislative Assembly of the concerned State

Correct Answer: (d) The Legislative Assembly of the concerned State

  • Under Article 169 of the constitution, The legislative assembly of the concerned state can recommend to the parliament for the abolition of the legislative council in the state.
  • Such a resolution must be passed by the state assembly by a special majority, that is, a majority of the total membership of the assembly and a majority of not less than two-thirds of the members of the assembly present and voting.

7. Which one of the following states does not have Vidhan Parishad ?

(a) Bihar

(b) Maharashtra

(c) Tamil Nadu

(d) Uttar Pradesh

Correct Answer: (c) Tamil Nadu

  • Only 6 out of 28 states of India have a Legislative Council. These are: 
    • Andhra Pradesh
    • Bihar
    • Karnataka
    • Maharashtra
    • Telangana
    • Uttar Pradesh
  • These states have bicameral legislatures as they have both the Legislative Council and Legislative Assembly.
  • Tamilnadu does not have a Legislative Council.

8. Which of the following statements is incorrect about the Legislative Council?

(a) 1/3rd of its members are elected by local bodies

(b) President has the final power to decide about its composition

(c) It is not subject to dissolution

(d) Minimum strength of Legislative Council cannot be less than 40

Correct Answer: (b) President has the final power to decide about its composition

  • The President does not have the final power to decide about the legislative council composition. 
  • The maximum strength of the council is fixed at one-third of the total strength of the assembly and the minimum strength is fixed at 40.
  • Like the Rajya Sabha, the legislative council is a continuing chamber, that is, it is a permanent body and is not subject to dissolution. But, one-third of its members retire on the expiration of every second year.
  • Manner of election of the members of legislative council: 
    • 1/3 are elected by the members of local bodies like municipalities, etc.
    • 1/12 are elected by graduates of three years standing and residing within the state
    • 1/12 are elected by teachers of three years standing in the state, not lower in standard than secondary school,
    • 1/3 are elected by the members of the legislative assembly of the state from amongst persons who are not members of the assembly
    • 1/6 are nominated by the governor from amongst persons who have a special knowledge or practical experience of literature, science, art, cooperative movement and social service.

9. If the budget is disclosed before introducing it in the Legislative Assembly, what will happen?

(a) Council of Ministers will have to resign

(b) Chief Minister will have to resign

(c) Finance Minister will have to resign

(d) None of the above

Correct Answer:  (c) If the budget is disclosed before introduction in the Legislative Assembly, the Finance Minister will have to resign.

10. To abolish a Legislative Council on a request of the concerned state Legislative Assembly, the parliament needs to pass legislation with a : 

(a) Simple majority

(b) Effective majority

(c) Special majority

(d) Special majority with ratification of 50% of the states

Correct Answer:  (a) Simple majority

  • To abolish a Legislative Council on a request of the concerned state Legislative Assembly, the parliament needs to pass legislation with a Simple majority.
  • This Act of Parliament is not deemed as an amendment of the Constitution under Article 368.

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