Consider the following statements:

1. The Legislative Council of a State in India can be larger in size than half of the Legislative Assembly of that particular State.

2. The Governor of a State nominates the Chairman of the Legislative Council of that particular State.

Which of the statements given above is/are correct?

Question

Question

This question was previously asked in

UPSC Civil Services Exam (Prelims) GS Paper-I (Held On: 23 Aug, 2015)

Answer 1

The correct answer is Neither 1 nor 2.

Key Points Legislative Council:

Under Article 171 of the Constitution, the size of the State Legislative Council cannot be more than one-third of the membership of the State Legislative Assembly.
However, the size of the legislative council cannot be less than 40 members. Hence statement 1 is incorrect.
The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
It is a permanent body and is not subject to dissolution.
The tenure of a Member of the Legislative Council (MLC) is six years, with one-third of the members retiring every two years.
The Chairman of the Legislative Council is elected by the members from amongst itself. Hence statement 2 is incorrect.

Additional Information

Members of the legislative council:

One-third of the MLCs are elected by the state’s MLAs,
Another 1/3rd by a special electorate comprising sitting members of local governments such as municipalities and district boards,
1/12th by an electorate of teachers and another 1/12th by registered graduates.
The remaining members are appointed by the Governor for distinguished services in various fields namely, literature, science, art, cooperative movement and social service.