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 Legislative Council of that particular State. Which of the statements given above is/are correct?

Updated 11 Apr 2026 · From UPSC Prelims GS Paper I 2015, Q37

Contents15
UPSC Prelims GS2015Indian Polity
  1. A1 only
  2. B2 only
  3. CBoth 1 and 2
  4. DNeither 1 nor 2
Show answer

Answer: (D) Neither 1 nor 2

As per Articles 171(1) and 172 of the Constitution:

Statement 1 is INCORRECT:

Article 171(1) clearly states that the total number of members in the Legislative Council of a State shall NOT exceed ONE-THIRD of the total membership of the Legislative Assembly, but shall not be less than 40 members.

The statement says 'larger than HALF' — but the limit is one-third, not one-half.

For example, if a State Assembly has 300 members, the Council can have at most 100 members (one-third of 300), not 150 (half of 300).

Statement 2 is INCORRECT:

The Chairman of the Legislative Council is ELECTED by the members of the Council from amongst themselves — just like the Chairman of Rajya Sabha is the Vice-President (though that is a different mechanism).

The Governor does NOT nominate the Chairman.

However, the Governor does NOMINATE some members of the Legislative Council (1/6th of the total members are nominated by the Governor from persons having special knowledge or practical experience in literature, science, art, cooperative movement, and social service).

Do not confuse the Governor's power to nominate MEMBERS with any power to nominate the CHAIRMAN.

Answer: Neither 1 nor 2.

Key facts:

  • Legislative Council size = maximum 1/3 of Assembly (not 1/2).
  • Chairman of Council = elected by Council members (not nominated by Governor).
  • Currently, only 6 states have Legislative Councils: Andhra Pradesh, Bihar, Karnataka, Maharashtra, Telangana, and Uttar Pradesh.
Why this was asked

Legislative Councils exist in only 6 states currently, making their constitutional provisions a favorite UPSC testing ground for precise constitutional knowledge.

The question tests two common misconceptions: confusing the one-third size limit with one-half, and mixing up the Governor's power to nominate members with electing the Chairman.

Legislative Council Composition & Size

Indian Polity Legislative Council Legislative Assembly larger in size half

Legislative Council: Size Limits & Constitutional Provisions

Must know

Legislative Council size is maximum 1/3 of Assembly, not 1/2

Minimum 40 members required for any Legislative Council

Good to know

Only 6 states currently have Legislative Councils

Article 171 governs composition and size

Constitutional Framework

Article 171 of the Constitution governs Legislative Council composition. The framers intended the Council to be smaller than the Assembly to maintain the Assembly's primacy while providing a revising chamber.

Size Calculation Rules

Parameter

Rule

Example

Maximum Size

1/3 of Assembly strength

Assembly 300 → Council max 100

Minimum Size

40 members

Even small states need 40 minimum

Actual Practice

Usually much smaller

Most states keep it minimal

Question Context

Statement 1 claimed Council can be larger than half the Assembly - this violates the one-third limit

If Assembly has 300 members: Council maximum is 100 (1/3), not 150 (1/2)

Exam traps

Trap: Confusing 1/3 (one-third) limit with 1/2 (half) - UPSC tests this exact confusion

Trap: Forgetting the minimum 40 members requirement for smaller states

Trap: Assuming all states have Legislative Councils - only 6 states do

Legislative Council Chairman

Indian Polity Chairman Legislative Council Governor nominates

Chairman of Legislative Council: Election vs Nomination

Must know

Chairman is elected by Council members, not nominated by Governor

Governor nominates some members but not the Chairman

Good to know

Similar to Rajya Sabha Chairman (Vice-President)

Election Process

The Chairman of Legislative Council is elected by the members of the Council from amongst themselves. This follows the principle of legislative autonomy - the house chooses its own presiding officer.

Governor's Role vs Chairman Election

Aspect

Governor's Power

Chairman Election

Appointing Chairman

No power

Elected by members

Nominating Members

Yes - 1/6th members

Different process

Removing Chairman

No power

Council decides

Special Knowledge Quota

Governor nominates

From literature, science, art etc.

Common Confusion

Governor nominates 1/6th of Council members with special knowledge in literature, science, art, cooperative movement

This nomination power does NOT extend to appointing the Chairman

Statement 2 wrongly conflated these two different powers of the Governor

Exam traps

Trap: Confusing Governor's power to nominate members with power to appoint Chairman

Trap: Mixing up Legislative Council Chairman election with other Governor appointments

Common Error: Assuming Governor has sweeping appointment powers in state legislature

States with Legislative Councils

Indian Polity

Bicameral State Legislatures in India

Must know

Only 6 states have Legislative Councils currently

Parliament can create/abolish Legislative Councils under Article 169

Good to know

Most states are unicameral (only Assembly)

Constitutional Provision

Article 169 empowers Parliament to create or abolish Legislative Councils in states. The decision requires a resolution by the concerned state's Assembly and subsequent Parliamentary legislation.

Current Bicameral States

State

Status

Key Feature

Andhra Pradesh

Has Council

Retained after bifurcation

Bihar

Has Council

One of the original states

Karnataka

Has Council

Established later

Maharashtra

Has Council

Major industrial state

Telangana

Has Council

Created after 2014 formation

Uttar Pradesh

Has Council

Largest state by population

Recent Changes

Telangana got Legislative Council after state formation in 2014

Jammu & Kashmir had Legislative Council until special status revocation

Some states like Rajasthan and Assam have demanded Legislative Councils

Exam traps

Memory Trap: Remember only 6 states - many students assume more states have Councils

Update Trap: J&K no longer has Legislative Council post-Article 370 abrogation

Confusion: Don't mix up states that want Councils with states that have them

Bicameral vs Unicameral Legislatures

Indian Polity

Bicameral vs Unicameral State Legislatures: Structure & Functions

Must know

Bicameral: Assembly + Council; Unicameral: Only Assembly

Legislative Council is permanent body (1/3 retire every 2 years)

Good to know

Council has limited powers compared to Assembly

Bicameral vs Unicameral Comparison

Aspect

Bicameral States

Unicameral States

Number

6 states

22 states + UTs

Houses

Assembly + Council

Assembly only

Money Bills

Assembly decides

Assembly decides

Ordinary Bills

Both houses

Assembly alone

Government Formation

Assembly majority

Assembly majority

Dissolution

Assembly dissolves, Council permanent

Assembly dissolves

Legislative Council Features

# Legislative Council
## Composition
- 1/3 elected by Assembly
- 1/3 by local bodies
- 1/12 by graduates
- 1/12 by teachers
- 1/6 nominated by Governor
## Powers
- Can delay ordinary bills
- Cannot reject money bills
- No confidence motion role
- Revising chamber function
## Term
- 6-year term
- 1/3 retire every 2 years
- Permanent body
- No dissolution
Exam traps

Power Trap: Council can delay but not reject money bills - Assembly supremacy

Numbers Trap: Most students overestimate how many states have Councils

Composition Trap: Governor nominates 1/6th members, not the Chairman