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?
Contents15
- A1 only
- B2 only
- CBoth 1 and 2
- 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.
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
Legislative Council size is maximum 1/3 of Assembly, not 1/2
Minimum 40 members required for any Legislative Council
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)
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
Chairman is elected by Council members, not nominated by Governor
Governor nominates some members but not the Chairman
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
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
Only 6 states have Legislative Councils currently
Parliament can create/abolish Legislative Councils under Article 169
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
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
Bicameral: Assembly + Council; Unicameral: Only Assembly
Legislative Council is permanent body (1/3 retire every 2 years)
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 dissolutionPower 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