Question Discussion & Solution

The correct answer is Option 2.

• There is no provision for a joint sitting of the Legislative Council and the legislative assembly. In the case of a disagreement, the decision of the Assembly is deemed final. Hence statement 2 is incorrect.

Key Points

State legislature:

• In most states, the Legislature consists of the Governor and the Legislative Assembly (Vidhan Sabha). This means that these states have unicameral Legislature.
• In a few states, there are two houses of the Legislature namely, Legislative Assembly (Vidhan Sabha) and Legislative council (Vidhan Parishad) besides the Governor. Where there are two Houses, the Legislature, is known as bicameral. 
• Legislative Assembly (Vidhan Sabha):
  • There is a Legislative Assembly (Vidhan Sabha) in every State. It represents the people of the State.
  • The members of Vidhan Sabha are directly elected by people on the basis of the universal adult franchise.
  • They are directly elected by all adult citizens registered as voters in the State. 
  • Members are elected from territorial constituencies.
  • Every State is divided into as many (single member) constituencies as the number of members to be elected.
  • As in the case of Lok Sabha, a certain number of seats are reserved for Scheduled Castes, and in some States for Scheduled Tribes also.
  • This depends on the population of these weaker sections in the State.
  • In order to become a Member of Vidhan Sabha a person must: be a citizen of India; have attained the age of 25 years; his/her name must be in voters’ list; must not hold any office of profit i.e.; should not be a government servant. Hence statement 3 is correct.
• Legislative Council (Vidhan Parishad):
  • Vidhan Parishad is the upper House of the State Legislature. It is not in existence in every State.
  • Very few States have a bicameral Legislature that means having two Houses.
  • The Parliament can create Vidhan Parishad in a State where it does not exist, if the Legislative Assembly of the State passes a resolution to this effect by a majority of the total membership of the Assembly and by a majority of not less than two-thirds of the members of the Assembly present and voting, and sends the resolution to the Parliament.
  • Similarly, if a State has a Council and the Assembly wants it to be abolished, it may adopt a resolution by a similar majority and send it to Parliament. In this situation, Parliament resolves to abolish the concerned Legislative Council.
  • According to the Constitution, the total number of members in the Vidhan Parishad of a State should not exceed one-third of the total number of members of Vidhan Sabha but this number should not be less than 40. Hence statement 4 is correct.
  • The Vidhan Parishad is partly elected and partly nominated. Most of the members are indirectly elected in accordance with the principle of proportional representation by means of a single transferable vote system. 
• Sessions of the State Legislature: The State Legislature meets at least twice a year and the interval between two sessions cannot be more than six months. Hence statement 1 is correct.
• The Governor summons and prorogues the sessions of State Legislature.
• He addresses the Vidhan Sabha or both Houses (if there is a bi-cameral Legislature) at the commencement of the first session after each general election and at the commencement of the first session of the year

The correct answer is (A) - (2), (B) - (3), (C) - (1), (D) - (4)

Key Points

The correct answer is The maximum number is not fixed.

• According to the Indian Constitution, at one time, a person can be the Governor of a maximum of any number of states, the maximum number is not fixed.

Key Points

• The office of the Governor is the highest office in the state.
• The Governor is also called the first-person of the state.
• The Governor is appointed and removed by the President of India.
• Governor holds the office till the President of India.
• Condition for the office of the governor:
  • He should be an Indian Citizen.
  • He should be 35 years old or more.
  • He should not hold any office of profit.
  • He cannot be a member of parliament or state legislature.

Additional Information

• Article Related to Governor:
  • Article 152: Definition
  • Article 153: Governors of states.
  • Article 154: Executive Power of Governor.
  • Article 155: Appointment of Governor
  • Article 156: Term of office of Governor
  • Article 157: Qualifications for that appointment of Governor
  • Article 158: Conditions of Governor's office.
  • Article 159: Oath or Affirmation by Governor
  • Article 160: Discharge Of the functions of the Governor in Contingencies
  • Article 161: Power of Governor to grant pardon, etc.
  • Article 162: Extent of Executive Power of State. 

The correct answer is 3 only.

 Key Points

• In case of a censure motion, reasons must be stated for its adoption in the Lok Sabha while in case of motion of no confidence no such reasons for its adoption are required to be stated in the Lok Sabha. Hence Statement 3 is not correct and option 3 is correct.

 Important Points

• Article 75 of the constitution states that the Council of Ministers shall be collectively responsible to the House of the People.
• Collective responsibility means that the entire Council of ministers is a team that sinks or swims together.
• So if the Lok Sabha passes a no-confidence motion against the Council of ministers then all have to resign. Hence Statement 1 is correct.
• Censure motion is moved against the Council of Ministers, a group of ministers, or as individual ministers for the failure to perform duties.
• The censure motion is usually moved by the opposition party against the ruling party or any of its ministers for failing to act in a certain matter.
• Censure motion must be specific and self-explanatory, stating the reasons for its adoption. Hence Statement 2 is correct.
• It can be moved only in the Lok Sabha and not in the Rajya Sabha.
• No leave of the House is required for moving a censure motion but it must specify the charges against the government for which it is moved.
• If the censure motion is passed, the Council of ministers is bound to seek the confidence of the Lok Sabha as early as possible.

 Additional Information 

Difference between Censure Motion and Motion of No Confidence

• No confidence motion can only be moved against the entire council of ministers while censure motion can be moved against an individual minister, a group of ministers, and the entire council of ministers.
• Censure motion is moved for censuring the council of ministers for specific policies and action and a no-confidence motion, on the other hand, is moved for ascertaining the confidence of Lok Sabha in the council of ministers.
• The council of ministers need not resign from the office if a censure motion is passed in the Lok Sabha while in case of motion of no confidence, the council of minister must resign from office if the motion is passed. Hence Statement 4 is correct.

The correct answer is 2 and 3 only.

Key Points

• The Council of Ministers in the Centre shall be collectively responsible to Lok Sabha, not parliament.
  • ​Hence statement 1 is not correct.
• The Union Ministers shall hold the office during the pleasure of the President of India.
  • Hence statement 2 is correct.
• The Prime Minister shall communicate to the President about the proposals for legislation.
  • Hence statement 3 is correct.

​​​Additional Information

• Special Powers of Rajya Sabha
  • The Upper House also has some special powers, such as:
    • Power to transfer a subject from the State List to Union List for a specified period (Article 249).
    • To create additional All-India Services (Article 312).
    • To endorse Emergency under Article 352 for a limited period when the Lok Sabha remains dissolved.