MCQ
Q.
Which of the following statements is not correct with respect to the State legislature?
Correct Answer: B
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
